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a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/ she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a
right to seek judicial
enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply and require any sub -recipients, sub -grantees, contractors, successors, transferees, and/ orassignees to comply) with all applicable provisions governing NHTSA' saccess to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/ or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
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The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/ or discounts, or other Federal - aid and Federal financial assistance extended after the date hereof to the recipients by the U. S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person( s) signing below is/ are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG -FREE WORKPLACE ACT OF 1988 ( 41 U. S. C. 8103) The Subgrantee will provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee' sworkplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about:
1 The dangers of drug abuse in the workplace;
2. The grantee' s policy of maintaining a drug -free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a
requirement that each employee engaged in the
performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph ( c) (2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph ( c) (2), with respect to any employee who is so convicted -
1. Taking appropriate personnel action against such an employee, up to and including termination;
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2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY ( HATCH ACT)
Applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act ( 5 U. S. C. 1501- 1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
Applies to subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements:
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers ( including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than 10, 000 and not more than $ 100, 00 for each such failure.
RESTRICTION ON STATE LOBBYING
Applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION ( STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency' s
determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
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department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a
copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9. 4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled " Instructions for Lower Tier Participant Certification" including the " Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9. 4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https:// www. sam. gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
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10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9. 4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three- year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1) (b) of this certification; and
d. Have not within a three- year period preceding this
application/ proposal had one or more public transactions ( Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
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INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9. 4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled " Instructions for Lower Tier Participant Certification" including the " Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9. 4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise
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ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https:// www. sam. gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9. 4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
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BUY AMERICA
applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U. S. C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward.
Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents.
a. The code or standards shall provide that the recipient' s officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities.
Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may ( a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest( s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest( s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a
recipient, and the officers,
employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or
affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U. S. C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
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POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce onthe- job seat belt use policies and programs for its employees when operating company - owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration ( NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety ( NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www. trafficsafety. org. The NHTSA website ( www. nhtsa. gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902. 10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -owned or rented vehicles, Government - owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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APPENDIX B - MANDATORY DISCLOSURES
2 CFR Part 200. 113 and Appendix XII
The non -Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass -through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non -Federal entities that have received a Federal award including the term and condition outlined in appendix XII to this part are required to report certain civil, criminal, or administrative proceedings to SAM currently FAPIIS). Failure to make required disclosures can result in any of the remedies described in § 200. 339. (See also 2 CFR Dart 180, 31 U. S. C. 3321, and 41 U. S. C. 2313.)
Appendix XII to Part 200 -Award Term and Condition for Recipient Integrity and Performance Matters
A. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds 10, 000,00 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management ( SAM) that is made available in the designated integrity and performance system ( currently the Federal Awardee Performance and Integrity Information System ( FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110- 417, as amended (41 U. S. C. 2313). As required by section 3010 of Public Law 111- 22, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
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a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five- year period; and
c. Is one of the following:
1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5, 000 or more;
3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of 5, 000 or more or reimbursement, restitution, or damages in excess of 100, 00; or
4) Any other criminal, civil, or administrative proceeding if:
i) It could have led to an outcome described in paragraph
2. c.( 1), ( 2), or ( 3) of this award term and condition; ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.
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4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding( s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $ 10, 000,00 must disclose semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non -judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes —
1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and
2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.
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PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE Applies to subrecipients as well as States)
The State and each subrecipients will not use 23 U. S. C. Chapter 4 grant funds for programs to check helmet usage or to create check points that specifically target motorcyclists. Public Law 129 - 1510, SEC. 4007
RACIAL PROFILING
All subrecipient law enforcement agencies shall comply with California law regarding profiling. Penal Code section 13519. 4, subdivision ( e), defines " racial profiling" as the " practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion of the particular person being stopped." Then, subdivision ( f) of that section goes on to provide, " A law enforcement officer shall not engage in racial profiling."
VEHICLE PURSUITS
The State actively encourages all relevant law enforcement agencies in the State to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (23 U. S. C. 402( i))
USE OF FUNDS
Traffic enforcement personnel and any equipment funded under this grant agreement shall be dedicated solely to grant supported enforcement tasks unless a criminal offense is committed in the officer' s
presence; a response to an officer
in distress is initiated, and or a riot requires that all available enforcement personnel be committed in response.
Nothing in the grant agreement shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder.
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Appendix D - General Terms & Conditions, State Certifications
APPENDIX D - GENERAL TERMS & CONDITIONS, STATE CERTIFICATIONS As referenced in the grant agreement)
Terms and conditions, when applicable, are incorporated by reference and made a part of, but not necessarily limited to, the following documents: grant agreements, subgrants, contracts, subcontracts, interagency agreements, invitations for bid, and requests for proposal for goods or services for which the OTS grant funding reimbursement is requested. It is understood and agreed by the subrecipient that grant funds received as a result of this grant agreement are subject to all applicable federal and state regulations, rules, guidelines, policies and laws and to the following applicable controls, terms and consideration expressed in the OTS Grant Program Manual.
Federal certifications and assurances are included in Appendix A of this Grants Management Manual. The following laws apply to persons or entities doing business with the State of California.
1. Administrative Support and Statement of Intent
This program has full support of the authorizing agency, and every effort will be made to continue the activities after the grant conclusion. If required by local governance, the city council or the board of supervisors will endorse this grant through a resolution.
2. Air or Water Pollution Violation
Under the State laws, the subrecipient or contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
3. Amendment
No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the grant agreement is binding on any of the parties. ( Reference: DGS Standard Agreement General Terms and Conditions,"). Grant agreement revisions are allowed in accordance with the guidelines detailed in the OTS GPM. All appropriate documentation required to request a grant revision must be submitted timely to Grantor.
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4. Americans With Disabilities Act.
Subrecipient or contractor assures the State that it complies with the Americans with Disabilities Act ( ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. ( 42 USC 12101 et seq.)
5. Antitrust Claims
The subrecipient by signing this grant agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the subrecipient shall comply with the requirements of the Government Code sections set out below.
a. The Government Code chapter on antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision ( c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the state or the subdivision or agency making a public purchase. (Reference: GC § 4550) b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U. S. C. Chapterl Part 15 [ Title 15 Commerce and Trade, Chapter 1, Monopolies and Combinations in Restraint of Trade, Section 15, Suits by Persons Injured]) or under the Cartwright Act ( Chapter 2) commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. ( Reference: GC § 4552)
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the
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GC§ 4553)
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and ( a) the assignee has not been injured thereby, or ( b) the assignee declines to file a court action for the cause of action. (Reference: GC§ 4554)
6. Approval
This grant agreement is of no force or effect until signed by both parties and approved by the Office of Traffic Safety. Subrecipient or contractor may not commence performance until such approval has been obtained.
Reference: California Department of General Services ( DGS) Standard Agreement " General Terms and Conditions,")
7. Assignment
This grant agreement is not assignable by the subrecipient, either in whole or in part, without the consent of the Office of Traffic Safety in the form of a formal written amendment. ( Reference: DGS Standard Agreement General Terms and Conditions".
8. Audits and Access to Records
Subrecipient agrees that the California Office of Traffic Safety, the National shall
Highway
have
Traffic
the
Safety Administration, or their designated representative( s), right to review and to copy any records and supporting
documentation pertaining to the performance of this grant agreement.
Subrecipient agrees to maintain such records for possible audit for a minimum of three ( 3) years after final payment, unless a longer period of records retention is stipulated. Subrecipient agrees to allow the auditor( s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, subrecipient agrees to include a similar right of the state to audit records and interview staff in any subcontract related to the performance of this agreement. ( Reference: GC § 8546. 7, Public Contract Code ( PCC § 10115 et seq., California Code of Regulations ( CCR Title 2, 1131. 2).
9. Availability of Funds
Reimbursement of approved grant expenditures is contingent upon the subrecipient complying with all grant requirements and the appropriation of sufficient funds by the federal government and the California Office of Traffic Safety. OTS does not represent or guarantee the availability of federal
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Appendix D - General Terms & Conditions, State Certifications highway safety funds for initial or subsequent year funding. If during the term of the grant federal funds are reduced or eliminated, OTS may immediately terminate or reduce the grant award upon written notice to the subrecipient' sAuthorizing Official.
Once a grant has been awarded and becomes effective, OTS reimburses the subrecipient for expenditures related to approved activities. Only costs incurred within the approved grant period and that do not exceed the federally obligated funds as indicated in the agreement are reimbursed. The goals and objectives outlined in the grant should be accomplished during the grant period and within the approved budget.
OTS has the option to void the agreement under the thirty -day cancellation clause or to amend the contract to reflect any reduction in funds Reference: SCM, Vol. 1, 3. 1 1 .) Funds are awarded under Catalog of Federal Domestic Assistance ( CFDA) Numbers. The specific funding source is identified on the grant budget.
10. Byrd Anti -Lobbying Amendment (31 USC 1352)
Subrecipients who apply or bid for an award of $ 100, 00 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 USC 1352. Each tier shall also disclose any lobbying with non- federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier -to -tier up to the recipient.
11. Child Support Compliance Act
For any grant agreement in excess of $ 100, 00, the subrecipient acknowledges in accordance with Public Contract Code ( PCC § 7110), that:
a. The subrecipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 ( commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The subrecipient, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California
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Appendix D - General Terms & Conditions, State Certifications Employment Development Department." ( Reference: DGS Standard Agreement " General Terms and Conditions,")
12. Clean Air Act and the Federal Water Pollution Control Act 33 USC 1251 et seq.), as amended. Grants of amounts in excess of $ 100, 00 shall contain a provision that requires the subrecipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act ( 42 USC 7401 et seq.) and the Federal Water Pollution Control Act as amended ( 33 USC 1251 et seq.). Violations shall be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency ( EPA).
13. Compensation
The consideration to be paid subrecipient, as provided herein, shall be in compensation for all of subrecipient' sexpenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. (Reference: DGS Standard Agreement " General Terms and Conditions")
14. Competition
No subrecipient shall draft, or cause to be drafted, any invitation to bid or request for proposal, in connection with the awarding of a consulting services contract, in such a manner as to limit the bidding directly to any one bidder.
At least three competitive bids or proposals shall be secured for each consulting services contract. (Reference: PCC § 10340)
15. Conflict of Interest
Subrecipient or contractor needs to be aware of the following provisions regarding current or former state employees. If subrecipient or contractor has any questions on the status of any person rendering services or involved with the agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees ( PCC 10410)
a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
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Appendix D - General Terms & Conditions, State Certifications Former State Employees ( PCC 1041 1)
a. For the two- year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve- month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the twelve- month period prior to his or her leaving state service.
If subrecipient or contractor violates any provisions of above paragraphs, such action by subrecipient or contractor shall render this agreement void. (PCC 10420)
Members or boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430( e))
16. Contracts
Subrecipients may enter into contract( s) to perform applicable provisions of this grant agreement. The subrecipient is responsible for ensuring that all activities delegated to contractors are in support of this grant agreement. 1) Consultants and/ or contractors shall be selected in accordance with the subrecipient agency procurement policies and procedures in order to comply with the terms of this Agreement and in accordance with the OTS GPM.
The subrecipient consultant and/ or contractor are subject to all applicable terms and conditions and are bound by the applicable certifications of the grant agreement and 2 CFR Part 200.
CA OTS is not obligated to make any payment under any agreement prior to final execution or outside the terms of the contract period.
Contractor or subrecipient agency expenditures incurred prior to final contract execution are taken at the risk of that contractor/ subrecipient agency and will be considered unallowable if that agreement/ contract is not executed.
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Appendix D - General Terms & Conditions, State Certifications 2) Nothing contained in this grant agreement shall create any contractual relation between the State and any contractors, and no contract shall relieve the subrecipient of its responsibilities and obligations hereunder.
Subrecipient agrees to be as fully responsible to the State for the acts and omissions of its contractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the subrecipient. The subrecipient' sobligation to pay its contractors is an independent obligation from the State' s obligation to make payments to the subrecipient. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any contractor.
17. Contractor Certification Clauses:
The Contractor Certification Clauses contained in the Department General Services document CCC 04/ 2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
18. Contractor ( Independent)
Contractor, and the agents and employees of contractor, in the performance of this grant agreement, shall act in an independent capacity and not as officers or employees or agents of the state. (Reference: DGS Standard Agreement " General Terms and Conditions")
19. Convict/ Forced Labor
No foreign -made equipment, materials, or supplies furnished pursuant to this contract may be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. ( Reference: PCC § 6108)
20. Copyrights ( 41 CFR 105- 71. 134)
The federal awarding agency reserves a
royalty -free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes:( a) The copyright in any work developed under a grant or contract; and ( b) Any rights of copyright to which a subrecipient or a contractor purchases ownership with grant support. ( Reference: 41 CFR 105- 71. 134)
21. Corporate Qualifications to Do Business in California When agreements are to be performed in the State by corporations, the authorizing agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the State are fulfilled.
Doing business" is defined in Revenue and Taxation Code ( R&TC) Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to
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Appendix D - General Terms & Conditions, State Certifications taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
Both domestic and foreign corporations ( those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling or verifying on the website of the Office of the Secretary of State.
22. Davis -Bacon Act, as amended ( 40 USC 31421
When required by federal program legislation, all construction contracts awarded by the recipients and sub recipients of more than $2, 000 shall include a provision for compliance with the Davis -Bacon Act (40 USC 3142) and as supplemented by Department of Labor regulations ( 29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the federal awarding agency.
23. Disadvantaged Business Enterprise/ Small Business Affirmative Steps Subrecipients and contractors will take all necessary affirmative steps to assure that disadvantaged business enterprises ( DBE), as defined in 49 CFR Section 26. 5, and labor surplus area firms are used when possible. Affirmative steps shall include:
a. Placing qualified DBEs and small businesses on solicitation lists. b. Assuring that DBEs and small businesses are solicited whenever they are potential sources.
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and DBEs. d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and DBEs.
e. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the U. S. Department of Commerce.
f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. (Reference: 2 CFR 200. 321)
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24. Disclosure Requirements
a. Any document or written report prepared for or under the direction of a state or local agency, which is prepared in whole or in part by non - employees of such agency, shall contain the contract numbers and the dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report when the total cost for such work performed by non -employees of the agency exceeds five thousand dollars ($ 5, 000). The contract and subcontract numbers and dollar amounts shall be set forth in a separate section of each such document or written report. b. When multiple documents or written reports are the subject or product of the contract, the total contract amount is deemed to represent the compensation for those multiple documents or written reports.
Reference: GC § 7550)
25. Disputes.
Contractor shall continue with the responsibilities under this grant agreement during any dispute. (Reference: DGS Standard Agreements " General Terms and Conditions,")
26. Document Retention and Access
The subrecipient certifies that it will comply with the retention and access requirements for records established by 2 CFR Subpart D - 200. 334-38.
The required records and documentation relating to the grant and/ or subcontract shall be retained for a minimum of three years after the starting date of the retention period as defined in Section 200. 334. The OTS or their authorized representative shall have the right of access to any books, documents, papers, or other records of subrecipients or contractors which are pertinent to the grant and/ or contract, in order to make audits, examinations, excerpts, and transcripts. The right of access is not limited by the required retention period and shall last as long as the records are retained.
27. Domestic Partners
For agreements over $ 100, 00 executed or amended after January 1, 2007, the subrecipient certifies that it is in compliance with Public Contract Code section 10295. 3
28. Druq- Free Workplace Requirements:
Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions:
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Appendix D - General Terms & Conditions, State Certifications a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person' sor organization' spolicy of maintaining a drug -free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company' sdrug -free workplace policy statement; and,
2) agree to abide by the terms of the company' sstatement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et seq.)
29. Energy Efficiency
It is understood the grant applicant will purchase only energy efficient equipment, whenever possible and appropriate.
30. Equal Employment Opportunity
All grant agreements shall contain a provision requiring compliance with E. O. 11246, and E. O. 11375" Equal Employment Opportunity," as amended by E. O. 1 1478, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, and Department of Labor."
31. Equipment
Equipment acquired under this grant agreement for use in highway safety program areas shall be used and kept in operation for highway safety purposes by the state; or the state, by formal agreement with appropriate officials of a political subdivision or state agency, shall cause such equipment to be used and kept in operation for highway safety purposes. ( Reference 23 CFR 1200. 31)
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32. Expatriate Corporations
Subrecipient or contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286., and is eligible to contract with the State of California.
33. Financial Management System
The subrecipient or contractor, will comply with all applicable state, local, and federal procurement procedures and will maintain a financial management system that complies with the minimum requirements of 2 CFR Part 200 Subpart D - 200. 33.
34. Gender Identity:
For contracts of $ 100, 00 or more, Contractor certifies that Contractor is in compliance with Public Contract Code Section 10295. 3.
35. Governing Law
This contract is governed by and shall be interpreted in accordance with the laws of the State of California. ( Reference: DGS Standard Agreement General Terms and Conditions,")
36. Indemnification
Subrecipient agrees to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by contractor in the performance of this agreement. (Reference: DGS Standard Agreement General Terms and Conditions,").
37. Intangible Property
a. The subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under award.
The California Office of Traffic Safety and the National Highway Traffic Safety Administration reserve a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so.
b. Subrecipients are subject to applicable regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements."
c. The federal government has the right to:
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Appendix D - General Terms & Conditions, State Certifications 1) obtain, reproduce, publish or otherwise use the data first produced under an award; and
2) authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes.
d. Freedom of Information Act
1) In addition, in response to a Freedom of Information Act ( FOIA) request for research data relating to published research findings produced under an award that were used by the federal
government in developing an agency action that has the force and effect of law, the federal awarding agency shall request, and the subrecipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the federal awarding agency obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data.
This fee should reflect costs incurred by the agency, the recipient, and applicable sub recipients. This fee is in addition to any fees the agency may assess under the FOIA ( 5 USC 552( a) ( 4) (A)). 2) The following definitions apply for purposes of paragraph (d) of this section:
1) Research data is defined as the recorded factual material commonly accepted in the scientific community as necessary to validate research findings, but not any of the following:
preliminary analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues. This recorded" material excludes physical objects (e.g., laboratory samples). Research data also do not include:
A) Trade secrets, commercial information, materials necessary to be held confidential by a researcher until they are
published, or similar information which is protected under law; and
B) Personnel and medical information and similar information the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, such as
information that could be used to identify a particular person in a research study.
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Appendix D - General Terms & Conditions, State Certifications ii) Published is defined as either when:
A) Research findings are published in a peer -reviewed scientific of technical journal; or
B) A federal agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law.
iii) Used by the federal government in developing an agency action that has the force and effect of law is defined as when an agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law.
e. Title to intangible property and debt instruments acquired under a grant or contract vests upon acquisition in the recipient. The recipient shall use that property for the originally -authorized purpose, and the recipient shall not encumber the property without approval of the federal awarding agency. When no longer needed for the originally authorized purpose, disposition of the intangible property shall occur in accordance with the provisions of 2 CFR Subpart D - 200. 315.
38. Labor Code/ Workers' Compensation
Subrecipient or contractor needs to be aware of the provisions which require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions, and subrecipient or contractor affirms to comply with such provisions before commencing the performance of the work of this agreement. ( Labor Code Section 3700)
39. Limited English Proficiency
The grant applicant will take reasonable steps to ensure meaningful access by persons with limited English proficiency to the information and services provided through federal financial assistance.
40. Logos
The OTS logo will appear on all promotional materials where appropriate and practical. Contact the appropriate OTS Coordinator for copies.
41. Loss Leader
If this subrecipient agreement involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a " loss leader" as defined in Section 17030 of the Business and Professions Code ( BPC 17130). ( Reference: PCC § 10344( e)
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42. Progress Schedule
Subrecipients entering into a contractual agreement for consultant services totaling five thousand dollars ($ 5, 000) or more shall include detailed criteria and a mandatory progress schedule. (Reference: PCC § 10371( c))
43. Progress Payments
Subrecipients may provide for progress payments to consultants/ contractors for work performed or costs incurred in the performance of the contract. Not less than ten percent of the contract amount shall be withheld pending final completion
performance.
of the
If the
contract
contract
and
consists
an evaluation
of the performance
of the contractor' s
of separate and
distinct tasks, then any funds so withheld with regard to a particular task may be
performance. (
paid upon completion
Reference:
of
PCC §
that task and an evaluation of the contractor' s
10346)
44. National Labor Relations Board Certification
Subrecipient or contractor certifies that no more than one ( 1) final unappealable finding of contempt of court by a federal court has been issued against subrecipient or contractor within the immediately preceding two- year period because of subrecipient or contractor' sfailure to comply with an order of a federal court which orders subrecipient or contractor to comply with an order of the National Labor Relations Board. ( PCC 10296) Not applicable to public entities.)
45. Non - Discrimination Clause:
During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract' s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act ( Government Code Section 12990 ( a -f) et seq.), the regulations promulgated thereunder ( Cal. Code Regs., Title. 2, §11000 et seq.), the provisions of Article 9. 5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-139. 5), and the regulations or standards adopted by the awarding state agency to implement such article.
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Appendix D - General Terms & Conditions, State Certifications Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (Cal. Code Regs., Title 2, §11105)
46. Non -Duplication of Grant Funding
The grant applicant has no ongoing or completed grants under agreement with other federal funding sources which duplicate or overlap any work contemplated or described in this traffic safety grant. It is further agreed that any pending or proposed request for other federal grant funds which would duplicate or overlap work under this traffic safety grant will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of federal fund expenditures subsequently determined by audit will be subject to recovery by the Office of Traffic Safety.
47. Non -Enforcement Supplanting Avoidance
Non -enforcement salaried and hourly personnel assigned to this grant are conducting a new traffic safety program not previously funded with city, county or State funding or were previously in a grant- funded position.
48. Priority Hiring Considerations
For agreements in excess of $200, 00, the subrecipient, in accordance with the California Public Contracting Code § 10353, shall consider filling vacancies in positions funded by the agreement to qualified recipients of aid under WIC Chapter2 (commencing with Section 1 1200) of Part 3 of Division 9 of the Welfare and Institutions Code, in accordance with Article 3. 9 commencing with Section 1 1349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code.
This section and Article 3. 9 (commencing with Section 1 1349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be applicable to any contracts for a grant as defined in Section 10105. ( Section 10105 defines a grant as ". . . the erection, construction, alteration, repair or improvement of any state structure, building, road, or other state improvement of any kind which will exceed a total cost calculated pursuant to subdivision ( b)."
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Appendix D - General Terms & Conditions, State Certifications This section and Article 3. 9 (commencing with Section 1 1349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be construed so as to do any of the following:
a. Interfere with or create a violation of the terms of valid collective bargaining agreements.
b. Require the subrecipient to hire an unqualified recipient of aid. c. Interfere with, or create a violation of, any federal affirmative action obligation of a contractor for hiring disabled veterans or veterans of the Vietnam era.
d. Interfere with, or create a violation of, the requirements of Section 12990 of the Government Code. (Reference: PCC § 10353)
49. Recycling Certification
The subrecipient shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post -consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156( e), the certification required by this subdivision shall specify that the cartridges so comply ( Pub. Contract Code § 12205).
50. Resolution
Upon request, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the grant agreement.
51. Rights to Inventions Made Under a Contract or Agreement Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the federal government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
52. Single Audit Act Certification
The OTS is the agency responsible for administering California' s federal highway safety funds on behalf of the Governor. Federal funds are provided for this grant by the United States Department of Transportation. The records and supportive documentation for all completed grants are subject to an on -site audit and OTS reserves the right to inspect and review during normal
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Appendix D - General Terms & Conditions, State Certifications working hours the work product of any independent auditor in support of their audit.
The subrecipient certifies that it will comply with the Single Audit Act of 1984 31 U. S. C. Chapter 75 - 7501-506 et seq.), as amended, which requires the following:
a. State or local governments that receive $ 750, 00 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget (2 CFR Subpart F - 200. 501).
b. State or local governments that receive less than $ 750, 00 a year shall
be exempt from compliance with the Act and other federal audit requirements.
c. Nothing in this paragraph exempts State or local governments from maintaining records of federal financial assistance or from providing access to such records to Federal Agencies, as provided for in federal law or in Circular A- 133 "Audits of States, Local Governments and Non - Profit Organizations".
d. The State Controller' sOffice notifies OTS of those cities, counties, and special districts that have not submitted an audit report or have not indicated to SCO that they are exempt each fiscal year. Subrecipient agencies that are not in compliance will be notified and required to provide verification of compliance or be subject to sanctions including, reimbursement withholding or grant cancellation.
53. Solicitation
No employee of the applicant agency, the contractor, or any agency acting on behalf of the agency, may solicit or accept gratuities, favors, or anything of monetary value from contractors or potential contractors.
54. Statement of Compliance
Subrecipient has, unless exempted, complied with the nondiscrimination program requirements ( GC 12990 ( a -f) and CCR, Title 2, Section 1 1 102 and 1 1 103). (Not applicable to public entities.)
55. Subrecipient/ Contractor Name Change
An amendment is required to change the subrecipient or contractor' sname as listed on this grant agreement. Upon receipt of legal documentation of the name change an amendment will be processed. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
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Appendix D - General Terms & Conditions, State Certifications
56. Sweat Free Code of Conduct
All subrecipients contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The subrecipient further declares under penalty of perjury that they adhere to the Sweat Free Code of Conduct as set forth on the California Department of Industrial Relations website located at www. dir. ca. gov, and Public Contract Code Section 6108.
The subrecipient agrees to cooperate fully in providing reasonable access to the subrecipient' srecords, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor' s
compliance with the requirements under paragraph (a).
57. Termination for Cause
The State may terminate this grant agreement and be relieved of any payments should the subrecipient fail to perform the requirements of this grant agreement at the time and in the manner herein provided.
Reference: DGS Standard Agreement " General Terms and Conditions")
58. Termination without Cause
Either party may terminate without cause upon thirty days written notice to the other party. All work performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement ( Reference: State Contracting Manual, Chapter 9. 12).
59. Timeliness
Time is of the essence in this subrecipient agreement ( Reference: DGS Standard Agreement " General Terms and Conditions,").
60. Unenforceable Provision
In the event that any provision of this subrecipients agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this agreement have force and effect and shall not be effected thereby. (Reference: DGS Standard Agreement " General Terms and Conditions")
344
GRANT PROGRAM MANUAL
Appendix D - General Terms & Conditions, State Certifications Institutions of Higher Education
The Department of General Services requirements for universities contained within the document, UTC- 220 University Terms and Conditions (Effective 2/ 20), are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
1. Subcontracts. Subrecipient may enter into contract( s) to perform applicable provisions of this grant agreement. The subrecipient is responsible for ensuring that all activities delegated to contractors are in support of this grant agreement.
Consultants and/ or contractors shall be selected in accordance with the subrecipient agency procurement policies and procedures in order to comply with the terms of this grant agreement and in accordance with the OTS GPM.
The subrecipient, consultant or contractor are subject to all applicable terms and conditions and are bound the applicable certifications of the grant agreement and 2 CFR Subpart F Appendix II and 2 CFR Subpart E 200. 451 whichever is applicable.
OTS is not obligated to make any payment under any grant agreement prior to final execution or outside the terms of the contract period. Contractor expenditures incurred prior to final contract execution are taken at the risk of that contractor agency and will be considered unallowable if that agreement/ contract is not executed.
2. Indemnification. The University shall defend, indemnify and hold harmless the State, its officers, employees and agents from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising out of the performance of this grant agreement but only the proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the University, its respective officers, agents or employees.
In accordance with Government Code Section 895. 4, the State shall defend, indemnify and hold harmless the University, its officers, employees and agents from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the State, its respective officers, agents or employees.
345
GRANT PROGRAM MANUAL
Appendix E - Document Examples
APPENDIX E - DOCUMENT EXAMPLES
Personnel Activity Report ( PAR)
Stale al California - Mee of italic Sway
PERSONNEL ACTIVITY REPORT ( PAR)
OtS- 24o
Agency:
Employee Nome:
Month/ Year.
Grand Number
Position Tile
Grant Period:
OTS Noun:
Wtb 2 3 4 S 7 10 11 13 1$ 1• 17 1$ 1, 22 23 27 33 30 31 015
OTHER
OTHER
OTHER
Employee Signature/ Date
Month/ Year.
Supervbor Signature/ Date
NINO 1 2 3 4 5 7 0 11 12 13 15 1• 17 10 11 20 21 2 23 24 2s 22 30 21 Told OTS
OTHER
OTHER
OTHER
Employes Signature/ Date
Month/ Year.
Supervisor Signature/ Date
MID 1 2 3 5 7 1 10 11 12 13 1 15 33 17 15 11 0 21 22 23 311 33 2• 27 33 24 30 31 Told OTS
OTHER
OTHER
OTHER
Employee Signature/ Date
Rev. 10/ 2023
Supervisor Signature/ Dote
1 of 2
346
GRANT PROGRAM MANUAL
Appendix E - Document Examples
Sled d CaYallo - O/ 1c. d hulk Sally
PERSONNEL Acnvnv Won ( PAR)
OTS- 26o
A PAR is an employee - maintained log which accounts for 100 percent of the employee' stime. The form is used to identify effort spent on multiple programs/ federal funds.
PAR' s must meet the following standards:
Reflect the employee' safter -the -fact distribution of time by program/ federal fund.
Account for the total activity by program/ federal fund for which each employee is compensated ( whether grant related or not).
Must be prepared at least monthly and coincide with one or more pay periods, and Must be signed by the employee and his/er supervisor monthly.
INSTRUCTIONS -
1. Enter the name of Agency. Grant Number. Grant Period, Employee Nome, Position Title, and OTS Hours.
2. Enter the name of the Month/ Year Reporting.
3. OTS Hours - Enter actual hours worked on the OTS grant by Fund.
4. Other - Enter the actual hours worked on other programs. Account for the total hours by program/ federal fund.
Each funding source should be on a separate ine entry,
5. Employee and Supervisor ore required to sign and date by month. Please ensure that every employee has a PAR signed for every month worked during the grant year.
6. Retain all PARs in agency grant file. Submit to OTS upon request.
Rev. 10/ 2023
2 of 2
347
GRANT PROGRAM MANUAL
Appendix E - Document Examples
Employee Time Certification
S1A1E Cf CALIFORNIA • OFFICE OF 1RAFFIC SAFELY
Employee Time Certification Form (+Grantees/ Subgrantees) OTS- 28
Grantees and subgrantees receiving 100 percent of funding from the Office of Traffic Safety (OTS) for personnel services must complete certifications stating that the employee( s) worked solely on that program for the period covered by the certification. The certification must be prepared at least semi- annually and must be signed by the employee and supervisory official having first- hand knowledge of the work performed by the employee.
EMPLOYEE TIME CERTIFICATION
EMPLOYEE NAME
I certify that I have worked 100 percent of my time on an Office of Traffic Safety ( OTS) Grant.
From: October 1 To: March 31
EMPLOYEE SIGNATURE
Date
SUPERVISOR NAME
SUPERVISOR SIGNATURE
Do not sign prior to March 31st Date
EMPLOYEE TIME CERTIFICATION
EMPLOYEE NAME
I certify that I have worked 100 percent of my lime on an Office of Traffic Safety ( OTS) Grant.
From: Aaril 1 To: Seatember 30
EMPLOYEE SIGNATURE
Date
SUPERVISOR NAME
SUPERVISOR SIGNATURE
Do not sign prior to September 30th Date
Rev. 10/ 23
348
EXTERNAL**] Welcome to GEMS
GEMS <
Mon 11/ 21/022
otsgemsadmin@ots. ca. gov>
2: 36 PM
To: Cristina
Hi
Caguiat < ccaguiat@ci. lathrop. ca. us>
Cristina,
EXHIBIT C
Welcome to GEMS! To get started, go to https:// ca- ots. force. com/ GEMS/ login? c=gJ7XjrJasAksCbQQKLKLOA5DXwLhFQTZ3DwvgZGEp3s3TDcSq5jORTAe2 LWquW TAG9Nt7H. sgDTGa. sC048DKnuRzRQBMugOW21gxP2L9c8qT7x12N OMXRG8u59 ez 3NHrQi YJsmCJCOP6h5EzzrSLGnciAXMVkfg4hw4BquwpR. yHkaDMvSpQUXsacAO4uDkPT Username: _ @ci. lathrop. ca. us
To login to the GEMS system in the future, go to this URL:
ca- ots. force. com/ GEMS
Thanks,
California Office of Traffic Safety
349
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INTENTIONALLY
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350
ITEM 4. 15
CITY MANAGER' SREPORT
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
GEORGE REED, INC. FOR THE CLASS II BIKEWAYS TO
ACE STATION, CIP PS 22- 18
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by George Reed, Inc. for the Class II
Bikeways to Ace Station, CIP PS 22- 18, and to
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
George Reed Inc. (George Reed) completed construction of Capital Improvement Project ( CIP) PS 22- 18 for Class II Bikeways to ACE Station ( Project). The Project installed Class II bike lanes from Louise Avenue to the Lathrop/ Manteca Altamont Commuter Express ( ACE) Station located on Yosemite Avenue at the eastern City Limits. The scope of work also included microsurface on Harlan Road and D' Arcy Parkway and overlay asphalt concrete on segments along D' Arcy Parkway and Yosemite Avenue to accommodate the shift in traffic lanes for the new bike lanes.
Staff inspected and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications. George Reed has submitted lien releases, confirming all sub -contractors and suppliers have been paid in full, and pa one- year maintenance bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to George Reed, in the amount of $ 88, 246 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
Through the San Joaquin Council of Governments and the Active Transportation Program, the City of Lathrop received Measure K funding to construct CIP PS 22- 18.
On August 14, 2023, City Council awarded a construction contract to George Reed for improvements to the Project. The Project installed approximately 4. 2 miles of Class II bike lanes from Louise Avenue to the Lathrop/ Manteca ACE Station. 351
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR THE CLASS II BIKEWAYS TO ACE STATION, CIP PS 22- 18
The Project construction consisted of microsurfacing Harlan Road and D' Arcy Parkway, grinding and overlaying asphalt concrete on segments along D' Arcy Parkway and Yosemite Avenue to support the traffic loads shifted by the new installation of bike lanes. In addition, new signs were installed and striping was enhanced using Methyl Methacrylate ( MMA) green markings for the bike lanes.
The awarded contract was in the amount of $ 1, 642,17 with a 10% construction contingency of $ 164, 262 authorized for staff to use as necessary to achieve the goals of the project. The total construction budget for the project was $ 1, 806,79. During construction, contract change orders totaling $ 122, 294 were issued for a final contract amount of $ 1, 764, 911.
The construction costs referenced below capture all expenditures.
A. Construction Contract Amount $ 1, 642,17
B. Approved Change Order 1 $ 69, 540
C. Approved Change Order 2 $ 74, 283
D. Approved Change Order 3 $ ( 21, 529)
Total Construction Costs $ 1, 764, 911
Upon acceptance of the improvements, the performance and payment bonds ( Bond No. 30197255) will be released and replaced with a warranty bond ( Bond No. 30197255, $1, 764, 911). The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. George Reed also provided the necessary lien releases for the materials supplied and completed work.
Staff is requesting City Council accept the public improvements constructed by George Reed for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to George Reed in the amount of $ 88, 246 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
The project was completed by George Reed pursuant to the contract documents dated August 14, 2023. Staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications.
The performance and payment bonds ( Bond No. 30197255) will be released and replaced with a one- year warranty bond ( Bond No. 30197255, $1, 764, 911) upon City Council' s acceptance of the improvements.
352
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR THE CLASS II BIKEWAYS TO ACE STATION, CIP PS 22- 18
FISCAL IMPACT:
The awarded contract was in the amount of $ 1, 642,17 with a 10% construction contingency for a total construction budget of $ 1, 806,79. During construction, contract change orders totaling $ 122, 294 were issued for a final contract amount of 1, 764, 911. Adequate funds were allocated within the fiscal year 2024/5budget to close out CIP PS 22- 18. With the completion of this project, staff requests that unused funds be transferred back into the Transportation Development Act ( TDA) (2140).
ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by George Reed, Inc. for Class II Bikeways to ACE Station, CIP PS 22- 18, and to Authorize the Filing of a Notice of Completion, Releasing of Contract Retention, and Releasing of Performance and Payment Bonds
B. Notice of Completion - Class II Bikeways to ACE Station, CIP PS 22- 18 353
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR THE CLASS II BIKEWAYS TO ACE STATION, CIP PS 22- 18
APPROVALS:
2:-osy
AngeTAbarca Date
Assistant Engineer
Ken Reed Date
Senior Construction Manager
Bra
Cit
Cari Jame
Finance Di
1. •
Date
Date
9/ 4// 0205. 4(Y
El• Vt• Zozy
Michael King Date
Assistant City Manager
fir• z?- 2-Y
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
354
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR CLASS II BIKEWAYS TO ACE STATION, CIP PS 22- 18, AND TO AUTHORIZE THE
FILING OF A NOTICE OF COMPLETION, RELEASE OF CONTRACT RETENTION,
AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on August 14, 2023, City Council awarded a construction contract to George Reed, Inc. (George Reed) for construction of the Capital Improvement Project ( CIP) PS 22- 18 for Class II Bikeways to ACE Station ( Project); and WHEREAS, the Project installed Class II bike lanes from Louise Avenue to the Lathrop/ Manteca Altamont Commuter Express ( ACE) Station located on Yosemite Avenue at the eastern City Limits; and
WHEREAS, the scope of work also included microsurface on Harlan Road and D' Arcy Parkway and overlay asphalt concrete on segments along D' Arcy Parkway and Yosemite Avenue to accommodate the shift in traffic lanes for the new bike lanes; and
WHEREAS, the awarded contract was in the amount of $ 1, 642,17 and a 10% construction contingency of $ 164, 262 was authorized for staff to use as necessary to achieve the goals for a total construction budget of $ 1, 806,79; and WHEREAS, during construction, contract amendments totaling $ 122, 294 were issued for a final contract amount of $ 1, 764, 911; and WHEREAS, George Reed has completed the construction of the project; staff inspected and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and WHEREAS, George Reed has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, George Reed has submitted a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and WHEREAS, the performance and payment bonds ( Bond No. 30197255) will be released and replaced with a one- year warranty bond ( Bond No. 30197255, 1, 764, 911) upon City Council' s
acceptance of the improvements; and
WHEREAS, the awarded contract was in the amount of $ 1, 642,17 with a 10% construction contingency for a total construction budget of $ 1, 806,79. During construction, contract change orders totaling $ 122, 294 were issued for a final contract amount of $ 1, 764, 911; and
355
WHEREAS, adequate funds were allocated within the fiscal year 2024/5 budget to close out CIP PS 22- 18. With the completion of this project, staff requests that unused funds be transferred back into the Transportation Development Act TDA) (2140); and
WHEREAS, staff requests City Council accept the public improvements constructed by George Reed for the Class II Bikeways to ACE Station, CIP PS 22- 18; and
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk upon acceptance of the improvements and the release of the contract retention to George Reed, in the amount of $ 88, 246, within forty-ive (45) days after the recording of the Notice of Completion and the release of the performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by George Reed for Class II Bikeways to ACE Station, CIP PS 22- 18, pursuant to the contract documents dated August 14, 2023; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to George Reed, in the amount of $ 88, 246 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and BE IT FURTHER RESOLVED, that City Council also authorizes the transfer of the unused project funds into the Transportation Development Act ( TDA) (2140). 356
The foregoing resolution was passed and adopted this 9th day of September 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 357
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees ( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co -owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co - owners is:
Project No. CIP PS 22- 18 for Bikeways to ACE Station by George Reed, Inc.
4. That on the 9th day of September 2024 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: George Reed, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
George Reed, Inc. 140 Empire Avenue Modesto CA 95354
7. That the real property herein referred to is situated in the State of California, and is described as follows:
City of Lathrop County of San Joaquin,
Project No. CIP PS 22- 18 for Bikeways to ACE Station
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.
By:
Teresa Vargas, City Clerk Date
358
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated September 9, 2024 by George Reed, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf ofthe City Council pursuant to authority conferred by minute action of the City Council adopted on September 9, 2024, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
359
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INTENTIONALLY
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360
ITEM 4. 16
CITY MANAGER' SREPORT
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
DIRT DYNASTY, INC. FOR THE SIDEWALK INFILL AT
3" STREET AND 5TH STREET INTERSECTION, CIP PS
23- 09
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Dirt Dynasty, Inc. for the Sidewalk
Infill at " 3" Street and 5th Street Intersection, CIP
PS 23- 09, and to Authorize the Filing of a Notice of
Completion, the Release of Contract Retention, and
the Release of Performance and Payment Bonds
SUMMARY:
Dirt Dynasty Inc. (Dirt Dynasty) completed construction of the Capital Improvement Project ( CIP) PS 23- 09 for the Sidewalk Infill at the " J" Street and 5th Street Intersection ( Project). The work included the construction of westerly extended -curb returns and standardized American with Disabilities Act ( ADA) ramps for pedestrian connectivity through the intersection. Staff inspected and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications.
Dirt Dynasty has submitted lien releases, confirming all sub -contractors and suppliers have been paid in full, and a one- year maintenance bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff requests City Council accept the improvements constructed by Dirt Dynasty for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Dirt Dynasty, in the amount of $ 31, 922 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On October 9, 2023, City Council awarded a construction contract to Dirt Dynasty for improvements to the Project. The Project included construction of new rolled and vertical curb, gutter and sidewalk along " J" Street and 5th Street, installation of storm drainage improvements on 5th Street, and microsurfacing with new signing and striping on both road frontages.
Dirt Dynasty completed the construction of the Project. Staff inspected the improvements and which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. 361
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC.
FOR SIDEWALK INFILL AT " J" STREET AND 5TH STREET INTERSECTION, CIP PS 23- 09
The awarded contract was in the amount of $ 588, 430 and a 10% construction contingency of $ 58, 843 was authorized for staff to use as necessary to achieve the goals of the project. The total construction budget for the project was $ 647, 23.
During construction, contract change orders totaling $ 50, 010 were issued for a final contract amount of $ 638, 440.
The construction costs referenced below capture all expenditures.
Construction costs are as follows:
A. Construction Contract Amount $ 588, 430
B. Approved Change Order 1 $ 23, 600
C. Approved Change Order 2 $ 26, 410
Total Construction Costs $ 638, 440
The project has been completed within original contract period and in accordance with the plans, specifications, and City of Lathrop standards. Upon acceptance of the improvements, the performance and payment bonds ( Bond No. GM211951) will be released and replaced with a warranty bond ( Bond No. GM211951, $63, 844). The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. Dirt Dynasty has also provided the necessary lien releases for the materials supplied and completed work.
Staff is requesting City Council accept the public improvements constructed by Dirt Dynasty for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Dirt Dynasty in the amount of $ 31, 922 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
REASON FOR RECOMMENDATION:
The project was completed by Dirt Dynasty pursuant to the contract documents dated October 9, 2023. Staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications.
The performance and payment bonds ( Bond No. GM211951) will be released and replaced with a one- year warranty bond ( Bond No. GM211951, $63, 844) upon City Council' s acceptance of the improvements.
362
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC.
FOR SIDEWALK INFILL AT " 3" STREET AND 5TH STREET INTERSECTION, CIP PS 23- 09
FISCAL IMPACT:
The awarded contract was in the amount of $ 588, 430 with a 10% construction contingency for a total construction budget of $ 647, 23. Adequate funds were allocated in FY 24/5 budget to close out CIP PS 23- 09. With the completion of this project, staff requests that unused funds be transferred back into the General Fund Street Repair Reserves ( 1010).
ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by Dirt Dynasty, Inc. for the Sidewalk Infill at " J" Street and 5th Street Intersection, CIP PS 23- 09, Authorizing the Filing of a Notice of Completion, the Release of Contract Retention, and the Release of Performance and Payment Bonds B. Notice of Completion - Sidewalk Infill at " 3" Street and 5th Street Intersection, CIP PS 23- 09
363
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC.
FOR SIDEWALK INFILL AT "J" STREET AND 5TH STREET INTERSECTION, CIP PS 23- 09
APPROVALS:
p- 22 —2o. y
Anger barca Date
Assistant Engineer
g -22 -202- LA
Ken Reed Date
Senior Construction Manager
Brad( Xaylor
City Engineer
Cari James\
Finance Dir- or
Date
gl3lav)-
Date
Michael King Date
Assistant City Manager
Salvador Na" vrrete Date
City Attorney
Step en J. Salvatore
City Manager
8•27• Zorn
9.- • to
44 ' 24
Date
364
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC. FOR THE SIDEWALK INFILL AT " J" STREET AND 5TH STREET INTERSECTION, CIP PS 23- 09, AND TO AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, THE
RELEASE OF CONTRACT RETENTION, AND THE RELEASE OF PERFORMANCE
AND PAYMENT BONDS
WHEREAS, on October 9, 2023, City Council awarded a construction contract to Dirt Dynasty, Inc. (Dirt Dynasty) for construction of the Capital Improvement Project ( CIP) PS 23- 09 for Sidewalk Infill at the " 3" Street and 5th Street Intersection Project); and
WHEREAS, the work consisted of constructing extended -curb returns and standardized American with Disabilities Act ( ADA) ramps for pedestrian connectivity through the intersection; and
WHEREAS, the Project also included construction of new rolled and vertical curb, gutter and sidewalk along " J" Street and 5th Street, installation of storm drainage improvements on 5th Street, and microsurfacing with new signing and striping on both road frontages; and
WHEREAS, the awarded contract was in the amount of $ 588, 430 and a 10% construction contingency of $ 58, 843 was authorized for staff to use as necessary to achieve the goals of the project; and
WHEREAS, during construction, contract amendments totaling $ 50, 010 were issued for a final contract amount of $638, 440; and
WHEREAS, Dirt Dynasty has completed the construction of the project; staff inspected and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and WHEREAS, Dirt Dynasty has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, Dirt Dynasty has submitted a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and WHEREAS, the performance and payment bonds ( Bond No. GM211951) will be released and replaced with a one- year warranty bond ( Bond No. GM211951, 63, 844) upon City Council' s
acceptance of the improvements; and
WHEREAS, adequate funds were allocated in FY 24/5 budget to close out CIP PS 23- 09. With the completion of this project, staff requests that unused funds be transferred back into the General Fund Street Repair Reserves ( 1010); and 365
WHEREAS, staff requests City Council accept the public improvements constructed by Dirt Dynasty for Sidewalk Infill at " 3" Street and 5th Street Intersection, CIP PS 23- 09; and
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk upon acceptance of the improvements and the release of the contract retention to Dirt Dynasty, in the amount of $ 31, 922 within forty-ive (45) days after the recording of the Notice of Completion and the release of the performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Dirt Dynasty for Sidewalk Infill at " 3" Street and 5th Street Intersection, CIP PS 23- 09, pursuant to the contract documents dated October 9, 2023; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Dirt Dynasty, in the amount of $ 31, 922 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and BE IT FURTHER RESOLVED, that City Council also authorizes the transfer of the unused project funds into the General Fund Street Repair Reserves ( 1010). 366
The foregoing resolution was passed and adopted this 9th day of September 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
5 Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 367
ATTACHMENT
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecordingfees ( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, ifthere is only one owner, and that the full names and addresses of all the co -owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co -owners is:
Project No. CIP PS 23- 09 Sidewalk Infill at " J" Street and 5th Street Intersection by Dirt Dynasty, Inc.
4. That on the 9th day of September 2024 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: Dirt Dynasty, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Dirt Dynasty, Inc. P. O. Box 67 Farmington CA 95230
7. That the real property herein referred to is situated in the State of California, and is described as follows:
City of Lathrop County of San Joaquin,
Project No. CIP PS 23- 09 Sidewalk Infill at "J" Street and 5th Street Intersection
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.
By:
Teresa Vargas, City Clerk Date
368
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated September 9, 2024 by Dirt Dynasty, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalfofthe City Council pursuant to authority conferred by minute action of the City Council adopted on September 9, 2024, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
369
PAGE LEFT
INTENTIONALLY
BLANK
370
ITEM 4. 17
CITY MANAGER' S REPORT
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO AUTOMATIC
DOOR SYSTEMS ( ADS) INC. FOR THE LATHROP
POLICE DEPARTMENT ADA IMPROVEMENTS, CIP GG
23- 14 AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to Automatic Door Systems ( ADS) Inc. for the
Lathrop Police Department ADA Improvements, CIP
GG 23- 14 and Approve Budget Amendment
SUMMARY:
In compliance with the Americans with Disabilities Act ( ADA), staff has identified the Lathrop Police Department as a Facility that will benefit from the installation of automatic doors. Staff has also identified the need to retrofit an existing door at the Community Center by installing an automatic door opener equipped with sensors and pushbuttons. The goal is to make facility access easier for people with disabilities while improving security and energy conservancy.
The bid solicitation package for the construction of the Lathrop Police Department ADA Improvements CIP GG 23- 14 (Project) was advertised on June 11, 2024 in accordance with Informal Bidding Procedures in California Uniform Public Construction Cost Accounting Act ( CA PCC) 22034 and Lathrop Municipal Code ( LMC) Sections 3.0. 060.
Despite efforts to attract potential bidders through the Informal Bidding Procedures
3.0. 040 and within the stipulated timeframe, no bids were received. In accordance with municipal code 3.0. 080 (B), staff has proceeded to negotiate a contract directly with Automatic Door Systems ( ADS) Inc. in the amount of $ 40, 550. Staff chose to negotiate a contract with ( ADS) because they are a reputable company that has consistently delivered quality work for the City in the past, demonstrating a high level of reliability and expertise.
Staff requests Council award a construction contract to ( ADS) for $ 40, 550, authorize a 15% contingency of $ 6, 083 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 46, 633.
In addition, sufficient funds were not approved in the approved FY 24-5 budget; therefore, staff requests Council approve a Budget Amendment for $ 46, 633 as detailed in the fiscal impact section below.
371
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD A CONSTRUCTION CONTRACT TO AUTOMATIC DOOR SYSTEMS ( ADA) INC. FOR THE LATHROP POLICE DEPARTMENT ADA IMPROVEMENTS, CIP GG 23- 14 AND APPROVE BUDGET AMENDMENT
BACKGROUND:
Congress enacted the Americans with Disabilities Act ( ADA) in 1990 requiring local governments to provide equal access to civic facilities, services, programs and activities for individuals with disabilities. Title 24 of the California Government Code specifies that all buildings, structures, sidewalks, curbs, and related facilities constructed in California with state, county or municipal funds, to be accessible and usable by persons with disabilities.
To make City facility access easier for people with disabilities, staff has identified the Lathrop Police Department as a facility that will benefit from the installation of automatic doors. Staff has also identified the need to retrofit an existing door at the Community Center by installing an automatic door opener equipped with sensors and pushbuttons.
Staff requests Council award a construction contract to ( ADS) for $ 40, 550, authorize a 15% contingency of $ 6, 083 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 46, 633.
In addition, sufficient funds were not approved in the approved FY 24-5 budget; therefore, staff requests Council approve a Budget Amendment for $ 46, 633 as detailed in the fiscal impact section below.
REASON FOR RECOMMENDATION:
The proposed project will improve accessibility for individuals with disabilities, improve security, save energy and establish ADA conformance.
FISCAL IMPACT:
Sufficient Funds were not budgeted to cover the costs for project Lathrop Police Department ADA Improvements GG 23- 14. Staff is requesting Council approve the following budget amendment transferring $ 46, 633 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010), (pending Measure C review and approval) as follows:
Increase Transfer Out
1060- 9900-90- 9010 $ 46, 633
Increase Transfer
3010- 9900- 393- 00-0 GG 23- 14 $ 46, 633
Increase Expenditures
3010- 8000- 420- 12- 00 GG 23- 14 $ 46, 633
372
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD A CONSTRUCTION CONTRACT TO AUTOMATIC DOOR SYSTEMS ( ADA) INC. FOR THE LATHROP POLICE DEPARTMENT ADA IMPROVEMENTS, CIP GG 23- 14 AND APPROVE BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution to award a Construction Contract to Automatic Door Systems ADA) Inc. for the Lathrop Police Department ADA Improvements, CIP GG 23- 14 and Approve Budget Amendment
B. Construction Contract with Automatic Door Systems ( ADA), Inc. for CIP GG 23- 14, Lathrop Police Department ADA Improvements
373
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD A CONSTRUCTION CONTRACT TO AUTOMATIC DOOR SYSTEMS ( ADA) INC. FOR THE LATHROP POLICE DEPARTMENT ADA IMPROVEMENTS, CIP GG 23- 14 AND APPROVE BUDGET AMENDMENT
APPROVALS:
Carlos Carrillo
Management Analyst II
8/ 11 /Z/ d27
Date
Ken Reed Date
Senior Construction Manager
Brac/{' aylor
City Engineer
Cari James
Director of Finance
Date
s/ v1/ 102. 4
9/ 4iaa7
Date
Michael King Date
Assistant City Manager
Z1•oZ' r
3•- uoLy
Salvador Navarrete Date
City Attorney
1/(( izoz
Stephen J. Salvatore Date
City Manager
374
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AWARD A CONSTRUCTION CONTRACT TO AUTOMATIC DOOR SYSTEMS ( ADS) INC.
FOR THE LATHROP POLICE DEPARTMENT ADA IMPROVEMENTS CIP GG 23- 14 AND APPROVE BUDGET AMENDMENT
WHEREAS, in compliance with the Americans with Disabilities Act ( ADA), staff has identified the Lathrop Police Department as a Facility that will benefit from the installation of automatic doors. Staff has also identified the need to retrofit an existing door at the Community Center by installing an automatic door opener equipped with sensors and pushbuttons; and
WHEREAS, the bid solicitation package for the construction of the Lathrop Police Department ADA Improvements CIP GG 23- 14 (Project) was advertised on June 11, 2024 in accordance with Informal Bidding Procedures in California Uniform Public Construction Cost Accounting Act ( CA PCC) 22034 and Lathrop Municipal Code LMC) Sections 3.0. 060; and
WHEREAS, despite efforts to attract potential bidders through the Informal Bidding Procedures 3.0. 040 and within the stipulated timeframe, no proposals were received. In accordance with municipal code 3.0. 080 (B), staff has proceeded to negotiate a contract directly with Automatic Door Systems ( ADS) Inc. in the amount of $ 40, 550; and
WHEREAS, staff chose to negotiate a contract directly with ( ADS) because they are a reputable company that has consistently delivered quality work for the City in the past, demonstrating a high level of reliability and expertise; and WHEREAS, staff requests Council award a construction contract to ( ADS) for 40, 550, authorize a 15% contingency of $ 6, 083 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 46, 633; and
WHEREAS, sufficient Funds were not budgeted to cover the costs for project Lathrop Police Department ADA Improvements GG 23- 14. Staff is requesting Council approve the following budget amendment transferring $ 46, 633 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010), ( pending Measure C review and approval) as follows:
Increase Transfer Out
1060- 9900-90- 9010 $ 46, 633
Increase Transfer
3010- 9900- 393- 00-0 GG 23- 14 $ 46, 633
Increase Expenditures
3010- 8000- 420- 12- 00 GG 23- 14 $ 46, 633
375
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Automatic Door Systems ADS). for construction of CIP GG 23- 14 Lathrop Police Department ADA Improvements for a cost of $ 40, 550; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves a budget amendment to transfer $ 46, 633 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) (Pending Measure C review and approval) to cover the total cost of the project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 15% construction contingency of $ 6, 083 for a total cost not to exceed $ 46, 633 for construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 376
The foregoing resolution was passed and adopted this 9th day of September 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 377
ATTA VIENT
CONSTRUCTION CONTRACT
This Contract, dated September 9, 2024, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Automatic Door Systems Inc., (Contractor), whose Taxpayer Identification Number is.
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for the ADA IMPROVEMENTS LATHROP POLICE STATION, CIP GG 23- 14 (Project).
Contractor shall furnish labor, services, materials and equipment in connection with the construction ofthe Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including but not limited to the removal of ( 2) sets of existing double swing doors, framing modifications and the procurement and installation of 2 automated single slide glass doors at ( 940 River Islands Pkwy, Lathrop, CA 9533). The procurement and installation of one automatic door opener on an existing single door with sensors and pushbuttons to conform to ADA regulations at 15557 5th St. Lathrop, CA 95330) as more fully described in the Project Plans and Specifications of the Informal Bid Solicitation, City of Lathrop Facilities ADA Improvements and incorporated herein by reference.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: (Forty Thousand Five Hundred Fifty Dollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Automatic Door Systems Inc. on July 10, 2024. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the 378
provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance
with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
379
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s
proposal for the Work is not DIR Registered at the time of opening of 380
proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
381
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1)A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
382
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
383
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
384
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Management Analyst
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
16. Miscellaneous
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise 385
control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
386
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor Quotes
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Manager' sapproval.
387
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Director of Public Works
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
388
Automatic Door Systems, Inc.
982 Terminal Way
San Carlos, CA 94070- 3225
Phone: 650- 592- 8282
Fax: 650- 598- 3786
Customer:
City of Lathrop
390 Towne Centre Dr
Public Works
Lathrop, CA 95330
Location:
City of Lathrop
15557 5th St
Community Center
Lathrop, CA 95330
Sales Quote 24- 0679
Quote Date 9/ 4/ 2024
Contact Carlos Carrillo
main: ext:
cell: 209- 90- 6776
Project Name:
Add ADA swing operator system
Project Description:
ADS will install ( 1) ADA swing operator ( 1) el strike ( 2) 36" radio push plates ( 1) bollard post for exterior push plate space for card reader Lead time 3-4 weeks
Door Location Office entry south Door Id
gat Description
1 MA LH Push Automatic Swing Door Operator Clear Finish 1 1/ 4" x 6" Aluminum Back Plate painted to match header finish 1 BEA 10PSMDR2024 - UL Regulated " MINI" Power Supply 120Vac/ 24VDC Output 1 Camden Full Function Dual Receiver 915 MHZ
2 Camden Wall Switch Transmitter 915 MHZ
2 Camden 7536 Column Clear Anodized Push Plate Switch
1 Camden Bollard Post 48" extruded Clear anodized aluminum 1 AR 7440 Electric Strike 1 1/ 4" x 4 7/ 8" face plate12/ 24 VDC Selectable, S/, Able to Compensate Preload Issues up to 35 LBS 628 Finish
1 HES 152 Universal Mounting Tabs
Notes: work done during Regular hours
Submittals included with (1) revision
Includees : bid bonds
EXCLUSIONS:
any hardware or labor not listed on this quote
any work stoppages, delays or standby time will be billed separately electrical / including running of low voltage wires if required security provisions
patching / painting holes from removed hardware by others painting of doors / frames by others
acquiring building permits by others
Hdwr Grp
Automatic Door Systems, Inc. Sales Quote 24- 0679 Page 1 of 2 389
Scope includes material and labor to install above -stated equipment at this door location.
All work to be performed during the standard work day, which is Monday - Friday from 7am to 4pm ( or as stated above).
Exclusions: 115 VAC circuit to equipment, all electrical conduit, wire, concrete work, patching, painting, any permits, licenses, material and/ or labor other than noted above.
Price does not include work previously performed.
Any alteration or deviation from the above specifications involving extra cost of materials or labor will only be executed upon written orders for same, and will be an extra charge over the sum mentioned in this proposal. All agreements must be made in writing.
PROPOSAL VALID FOR 15 DAYS FROM DATE ABOVE.
In the event that the job location requests atypical insurance requirements this fee will be passed on to the customer directly.
We Accept
Acceptance: I am duly authorized to accept the above Sales Quote according to all terms and conditions stated and owner agrees to pay amounts mentioned in said Sales Quote. Sales Quote includes any taxes and freight as applicable.
Signature: Date:
Prepared by: Ben Custodio Date / Time 9/ 4/ 2024 2: 57: 18 PM VISA MasterCard
Quote Total:
10,50. 0
Automatic Door Systems, Inc. Sales Quote 24- 0679 Page 2 of 2 390
Automatic Door Systems, Inc.
982 Terminal Way
San Carlos, CA 94070- 3225
Phone: 650- 592- 8282
Fax: 650- 598- 3786
Customer:
City of Lathrop
390 Towne Centre Dr
Public Works
Lathrop, CA 95330
Location:
City of Lathrop
940 River Islands Pkwy
Lathrop, CA 95330
Door Location Main Entry
2. t Description
Sales Quote 24- 0677
Quote Date 9/ 4/ 2024
Contact Carlos Carrillo
main: ext:
cell: 209- 90- 6776
Project Name:
Main Entry Change to auto slider
Project Description:
ADS will remove manual doors and sub frame then install new automatic 3 -panel single slide door system material Lead time 4-5 weeks
Door Id Hdwr Grp
1 Gildor 3 -panel telescopic automatic sliding door, full break out, electric locking, exit bar, 5/ 8" glass stops, Dark Bronze anodized finish
Security package features: Bedis control module, Concealed header sensors, factory alarm contacts, narrow stiles, 4" Muntin, electric lock , recessed exit bar 10" bottom rails door bottom sweeps
53 Sq Ft 5/ 8" Insulated Glass 1/ 8" CIr Tempered x 1/ 4" CL filler x 1/ 4" Clear Solarban 60 2 Camden CM -2020 SPDT Momentary Key Switch Narrow 1 3/ 4" Bronze Finish Notes: Work done during Regular hours
Submittals included with (1) revision
Includes: bonds
EXCLUSIONS:
Submittals NOT included
any hardware or labor not listed on this quote
any work stoppages, delays or standby time will be billed separately electrical / including running of low voltage wires if required standby time for fire drop test
security provisions
patching / painting holes from removed hardware by others painting of doors / frames by others
acquiring building permits by others
Automatic Door Systems, Inc. Sales Quote 24- 0677 Page 1 of 2 391
Scope includes material and labor to install above -stated equipment at this door location.
All work to be performed during the standard work day, which is Monday - Friday from 7am to 4pm ( or as stated above).
Exclusions: 115 VAC circuit to equipment, all electrical conduit, wire, concrete work, patching, painting, any permits, licenses, material and/ or labor other than noted above.
Price does not include work previously performed.
Any alteration or deviation from the above specifications involving extra cost of materials or labor will only be executed upon written orders for same, and will be an extra charge over the sum mentioned in this proposal. All agreements must be made in writing.
PROPOSAL VALID FOR 15 DAYS FROM DATE ABOVE.
In the event that the job location requests atypical insurance requirements this fee will be passed on to the customer directly.
We Accept
Acceptance: I am duly authorized to accept the above Sales Quote according to all terms and conditions stated and owner agrees to pay amounts mentioned in said Sales Quote. Sales Quote includes any taxes and freight as applicable.
Signature: Date:
Prepared by: Ben Custodio Date / Time 9/ 4/ 2024 11: 38: 04 VISA
wzmitimis
MasterCa( d
Quote Total:
30, 400. 0
Automatic Door Systems, Inc. Sales Quote 24- 0677 Page 2 of 2 392
ITEM 4. 18
CITY MANAGER' SREPORT
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO BOCKMON &
WOODY, INC. FOR CONSTRUCTION OF CIP GG 23- 19
SOUTH LATHROP SURVEILLANCE SYSTEM AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to Bockmon & Woody, Inc. for Construction of CIP GG
23- 19 South Lathrop Surveillance System and
Approve Budget Amendment
SUMMARY:
On June 14, 2023, City Council approved the creation of Capital Improvement Project CIP) GG 23- 19, South Lathrop Surveillance System. This project will improve the network capabilities in South Lathrop to integrate stationary surveillance equipment to leverage technology for enhanced crime prevention and public safety.
The project involves installing fiber optic cable around the perimeter of the South Lathrop Commerce Center, extending from Glacier Street to Yosemite Avenue.
Additionally, six concrete pedestals will be constructed to support network cabinets that will house network hardware to operate and provide power to the cameras mounted on streetlights.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on July 17, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
2. 36. 060. The City Clerk received and opened one ( 1) bid on August 15, 2024. Based on the review and evaluation of the bid, the lowest responsive and responsible bidder for construction of the Project was determined to be Bockmon & Woody, Inc. with a bid of $ 159, 321.
Staff requests City Council award a construction contract to Bockman & Woody for construction of the Project in the amount of $ 159, 321 and authorize a 20% construction contingency of $ 31, 864 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 191,85.
There is currently $ 111, 638 available funds in CIP GG 23- 19 for this project however, additional funds are needed to cover the whole cost of the project. Staff requests City Council approve a budget amendment to transfer $ 79, 547 from the South Lathrop Fund ( 2670) to the CIP Fund ( 3010). The South Lathrop Fund is funded by property tax from the established Community Facilities Districts for the South Lathrop Specific Plan.
393
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO BOCKMON & WOODY, INC. FOR CONSTRUCTION OF CIP GG 23- 19 SOUTH LATHROP SURVEILLANCE SYSTEM AND APPROVE BUDGET AMENDMENT.
BACKGROUND:
Staff identified the need to expand its network capabilities by installing fiber optic cable in South Lathrop to be able to install surveillance systems that will help ensure public safety. The newly installed fiber optic cable will allow the operation of surveillance systems, which will deter, prevent and enhance crime prevention measures. Policies related to the City' ssurveillance systems have been established to ensure compliance with state laws and safekeeping of the system and the data collected.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on July 17, 2024, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
One ( 1) bid was received and determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Contractor Base Bid
Bockmon & Woody Inc. 159, 321
Staff reviewed and evaluated the bids and determined that the lowest responsive and responsible bidder is Bockmon & Woody. Staff requests City Council adopt a resolution awarding a construction contract to Bockmon & Woody for $ 159, 321.
Staff also requests City Council authorize a 20% construction contingency of $ 31, 864 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 191,85.
REASON FOR RECOMMENDATION:
Expanding network capabilities in South Lathrop is essential to deter and help solve crimes, enhance public safety, and improve traffic management. They provide valuable data for urban planning, increase efficiency by reducing the need for constant patrols, and can build community trust. Overall, these technologies contribute to safer, better -managed urban environments.
FISCAL IMPACT:
There is currently $ 111, 638 available in CIP GG 23- 19 for this project however, additional funds are needed to cover the whole cost of the project. Staff requests City Council approve a budget amendment to transfer $ 79, 547 from the South Lathrop Fund ( 2670) to the CIP Fund ( 3010) as follows:
394
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO BOCKMON & WOODY, INC. FOR CONSTRUCTION OF CIP GG 23- 19 SOUTH LATHROP SURVEILLANCE SYSTEM AND APPROVE BUDGET AMENDMENT.
Increase Transfer Out
2670- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000
Increase Appropriation
3010- 8000- 430- 370
ATTACHMENTS:
79, 547
GG 23- 19 $ 79, 547
GG 23- 19 $ 79, 547
A. Resolution to Award a Construction Contract to Bockmon & Woody Inc. for Construction of CIP GG 23- 19 South Lathrop Surveillance System and approve budget amendment.
B. Construction Contract with Bockmon & Woody Inc. for Construction of CIP GG 23- 19 South Lathrop Surveillance System.
395
CITY MANAGER' SREPORT PAGE 4
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO BOCKMON & WOODY, INC. FOR CONSTRUCTION OF CIP GG 23- 19 SOUTH LATHROP SURVEILLANCE SYSTEM AND APPROVE BUDGET AMENDMENT.
APPROVALS:
Carlos Carrillo Date
8/- 440, 2
Management Analyst
3. 2( Lk
Ken Reed Date
Senior Construction Manager
nandes Date
irector of Information Systems
Brad/ ylor City gineer
Cari James
Director of ' finance
Date
r/Zt/ av- I
9h/ gal
Date
8 • zl • zo 2y
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Stepp J. Salvatore Date
City Manager
396
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AWARD A CONSTRUCTION CONTRACT TO BOCKMON & WOODY INC. FOR
CONSTRUCTION OF CIP GG 23- 19 SOUTH LATHROPSURVEILLANCESYSTEM
AND APPROVE BUDGET AMENDMENT
WHEREAS, on June 14, 2023, City Council approved the creation of Capital Improvement Project ( CIP) GG 23- 19, South Lathrop Surveillance System. This project will improve the network capabilities in South Lathrop to integrate stationary surveillance equipment to leverage technology for enhanced crime prevention and public safety; and
WHEREAS, the project involves installing fiber optic cable around the perimeter of the South Lathrop Commerce Center, extending from Glacier Street to Yosemite Avenue. Additionally, six concrete pedestals will be constructed to support network cabinets that will house network hardware to operate and provide power to the cameras mounted on streetlights; and
WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on July 17, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, the City Clerk received and opened one ( 1) bid on August 15, 2024; and
WHEREAS, based on the review and evaluation of the bid, the lowest responsive and responsible bidder for construction of the Project was determined to be Bockmon & Woody, Inc. with a bid of $ 159, 321; and
WHEREAS, staff requests City Council award a construction contract to Bockman & Woody for construction of the Project in the amount of $ 159, 321 and authorize a 20% construction contingency of $ 31, 864and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 191,85; and
WHEREAS, there is currently $ 111, 638 available in CIP GG 23- 19 for this project however, additional funds are needed to cover the whole cost of the project.
Staff requests City Council approve a budget amendment to transfer $ 79, 547 from the South Lathrop Fund ( 2670) to the CIP Fund ( 3010) as follows; Increase Transfer Out
2670- 9900-90- 9010 $ 79, 547
Increase Transfer In
3010- 9900- 393- 0000 GG 23- 19 $ 79, 547
397
Increase Appropriation
3010- 8000- 430- 370 GG 23- 19 $ 79, 547
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Bockmon & Woody, Inc. for construction of CIP GG 23- 19 South Lathrop Surveillance System for a cost of 159, 321; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves a budget amendment to transfer $79, 547 from the South Lathrop Fund 2670) to the CIP Fund ( 3010) to cover the total cost of the project.
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 20% construction contingency of $ 31, 864 for a total cost not to exceed $ 191,85for construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 398
The foregoing resolution was passed and adopted this 9t" day of September 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 399
ATTACHMENT
CONSTRUCTION CONTRACT
This Contract dated September 9, 2024 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Bockmon & Woody Inc., whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for South Lathrop Fiber Optic Extension, CIP GG 23- 19 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract is generally described as, but not necessarily limited to the procurement, installation, integration and testing of fiber optic cable and CAT 6 cable, Installation of power ( 120v) from existing street light circuit to network cabinets, Surveying to identify length of existing 2" conduit, Directional Boring/ trenching, installation of conduit, construction and installation of concrete pedestal as stable bases for network cabinets and the mounting of City provided network cabinets equipped with necessary accessories to support and manage network equipment efficiently.
The work shall be completed within 60 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: (One hundred fifty- nine thousand three hundred twenty one dollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by « Contractor» on August 15, 2024. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions. 00500- 1
400
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' sPublic Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements effecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any 00500- 2
401
part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
00500- 3
402
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion ofthe Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
00500- 4
403
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty ofOne- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
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404
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
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12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, ( 2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:
Copy to:
City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
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406
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
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13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined 00500- 9
408
in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By: 3 -
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
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410
EXHIBIT "A"
SECTION 00300
SOUTH LATHROP FIBER OPTIC EXTENSION BID PROPOSAL FORMS
CIP GG 23- 19
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: SOUTH LATHROP FIBER OPTIC EXTENSION, CIP GG 23- 19 THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location of the proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City of Lathrop, in the form of the Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by the Base Bid, the base bid plus bid alternate 1, or none of the work.
00300- 1
411
SECTION 00300
SOUTH LATHROP FIBER OPTIC EXTENSION
CIP GG 23- 19
BID PROPOSAL FORMS
SOUTH LATHROP FIBER OPTIC EXTENSION, CIP GG 23- 19
BASE BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Mobilization 1 LS 4, 000. 4, 000.
2 Traffic Control 1 LS 3, 500. 0 3, 500. 0
3 Erosion and Sediment Control Plan 1 LS 7, 000. 7, 000. 4 Survey to identify length of existing
2" conduit
1 LS 2, 000. 2, 000.
5 Furnish and Install ( 1) 48 strand fiber
optic cable
8100 LF 3. 80 30, 780. 0
6 Furnish and Install N36 pull boxes
with lids
6 EA 3, 059.0 18, 354. 00
7 Construct Concrete foundation and
pedestal 3000 psi
5 EA 5, 004.0 25, 020.
8 Install City -Provided NEMA 3
Network enclosures
5 EA 863. 00 4, 315. 00
9 Furnish and install network cabinet
cooling fan, 120v 20A single phase
breaker, 120v 20 A GFCI receptacle,
Common and Ground bus bar, ground
rod.
5 EA 2,84. 00 11, 420. 0
10 Furnish and install 2" schedule 40
conduit
200 LF 65. 00 13, 000.
11 Furnish and install # 10 AWG Tracer
wire
8100 LF 1. 42 11, 502. 00
12 Furnish and Install CAT 6 cable 400 LF 15.0 6, 040.
13 Run power ( 120v) from Streetlight
pull box and terminate at new
network cabinets
5 LS 4,78. 00 22, 390. 0
TOTAL BID 159, 321. 00
TOTAL BASE BID: $ 15% 321. 00
TOTAL BASE BID IN WORDS: One Hundred Fifty Nine Thousand, Three Hundred Twenty One Dollars, and Zero Cents 00300- 2
412
SECTION 00300
SOUTH LATHROP FIBER OPTIC EXTENSION BID PROPOSAL FORMS
CIP GG 23- 19
INFORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' sname and address:
Bockmon & Woody Electric Co., Inc.
1528 El Pinal Drive. Stockton. CA 95205
2) Bidder' stelephone number: ( 209) 464-878
3) Bidder' sfax number: N/ A
4) Bidder' sContractor' sLicense # / Expiration Date / Classification:
5)
588308 / 2/8/026 / A & C- 10
Bidder' s DIR Registration # / Expiration:
1000002789 / 6/ 30/ 227
6) Person who inspected site of proposed work for Contractor' sfirm:
7)
Name: Josh Edwards Date of Inspection: 8/ 14/ 2024
List 5 projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
Arch Rd Fiber Optics 179, 370. City of Stockton: Parviz Chitsazan ( 209) 937- 82 Emerald Glen Aquatic Ctr 67, 187. City of Dublin: Andrew Russell ( 925) 833- 6630 Ross Valley USD IT
Infrastructure 460, 33. Ross Valley USD: Bret Joyner (415) 779- 4068 Edison HS Tech Building 1, 300, 250. Stockton USD: Carl Toliver ( 209) 993- 7070 Merced Union HS 280, 157. Merced Union HS Dist: Scott Scambray ( 209) 3 00300- 3
3 5- 6412
413
SECTION 00300
SOUTH LATHROP FIBER OPTIC EXTENSION BID PROPOSAL FORMS
CIP GG 23- 19
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' sTotal Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item ofwork to be performed with the words " and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing " Not Applicable" in the list below.
Work to be Performed
1. N/ A
2. 3.
4. 5.
6. Subcontractor
License Percent of
Number Total Contract Subcontractor' sName & Address
Note: Attach additional sheets ifrequired.
00300- 4
414
SECTION 00300
SOUTH LATHROP FIBER OPTIC EXTENSION BID PROPOSAL FORMS
CIP GG 23- 19
ADDENDA
Bidder certifies he reviewed ARC Stockton' swebsite for addenda within 48 hours of bid opening and acknowledges receipt ofthe following addendum ( addenda):
1 Respectfully submitted,
8/ 15/ 2024 Bockmon & Woody Electric Co., Inc.
Dated Legal Na of Firm
Ga M Woody
gnature o ''Authorized Representative
Seal)
If Bidder is a corporation, show State in which incorporated.) The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:
NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
Gary M Woody: Co -CEO and Secretary: 1528 El Pinal Drive, Stockton, CA 95205 Nicholas J Woody: Co -CEO and Treasurer: 1528 El Pinal Drive, Stockton, CA 95205 00300- 5
415
SECTION 00300
SOUTH LATHROP FIBER OPTIC EXTENSION BID PROPOSAL FORMS
CIP GG 23- 19
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Bockmon & Woody Electric Co., Inc.
as PRINCIPAL, and The Ohio Casualty Insurance Company
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment ofwhich sum in lawful money ofthe United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ 10% of Bid
THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: SOUTH LATHROP FIBER OPTIC EXTENSION, CIP GG 23- 19
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 5th day of August , 2024.
Stockton, CA 95205
The 0 ' Casualty Insurance Company ( Seal)
F1 T. inger, orney- I
Seal)
Address: 3415 Brookside Rd, Ste 100
Stockton, CA 95219
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 6
416
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia
County of San Joaquin
On Ru, 14a- r
i 3. 2. 0-4 before me,
Date
Arlene C. Larsen, Notary Public
Hem Insert Name and Title of the Officer
personally appeared Gary M. Woody
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in or
his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
ARLENE C. LARSEN
Notary Public - California
San Joaquin County
Commission 0 2426223
My Comm. Expires Dec 9, 2026
Place Notary Seal Above
WITNESS my hand and official seal.
Signature
OPTIONAL
c
Signature of Notaiy Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s
Name:
0 Corporate Officer — Title( s):
0 Partner — 0 Limited 0 General
O Individual 0 Attorney in Fact
Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
Signer' s Name:
0 Corporate Officer — Title( s):
0 Partner — 0 Limited 0 General
0 Individual 0 Attorney in Fact
Trustee 0 Guardian or Conservator
Other.
Signer Is Representing:
02014 National Notary Association • www. NationalNotary. org • 1 - 800 - US NOTARY ( 1- 800-76- 6827) Item # 5907 417
Liberty
Mutual.
SURETY
This Power of Attorney limits the acts ofthose named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Mutual insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8210976 - 977080
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana ( hereln collectively called the " Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Andrew Bolger, Florence T. Unger, Gregory R. Dohrmann, Julie Heckman, Lisa Reyes, Selena Rosales, Wendy Stewart at of the city of Stockton state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of November , 2023 .
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By:
State of PENNSYLVANIA
County of MONTGOMERY
ss
On this 7th day of November , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
P PqS, g T
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
David M. Carey, Assistant Secretary
F r z'y\
OF t
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74ffy Noy
f-: a tVP j
Commonweal h of Pennsylvania - Notary Seal
Teresa Pastelia, Notary Public
Montgomery County
My commission expires March 28, 2025
Commission number 1126044
Member, Pem, syNania Association of Notaries
By:
caaPaelNt eresa Pastetta, Notary PublicPublic
This Power of Attorney is made and executed pursuant to and by authority of the following By- laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV —OFFICERS: Section 12. Power ofAttorney.
Any officer or other offidal of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chaiman or the President may prescribe, shall appoint such attomeys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys- in- fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. My power or authority granted to any representative or attomey- in- fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation — The President ofthe Company, acting pursuant to the Bylaws ofthe Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -intact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization — By unanimous consent of the Company' sBoard of Directors, the Company consents that facsimie or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bands, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by sad Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5th day of August , 2024 .
By:
Renee C. Llewellyn, Assistant Secretary
LMS- 12873 LMIC OCIC WAIC Muni Co 02/ 21
418
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Joaquin
On August 5, 2024
Date
personally appeared
Florence T Unger
before me,
Mia Sophia Mancuso, Notary Public
Here Insert Name and Title of the Officer
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person() whose named) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ 00w executed the same in his/er/ 446r authorized capacity( i*, and that bywhislherilheir signature( on the instrument the person( e), or the entity upon behalf of which the person( e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
MIA SOPHIA MANCUSO
Notary Public • California
San Joaquin County
Commission # 2486481
My Comm. Expires Apr 9, 2028
Place Notary Seal Above
WITNESS my hand and official seal.
Signature
OPTIONAL
ANA40.---
Signs re of Notary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Bockmon & Woody - Bid Bond Document Date: 8/ 5/ 2024 Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s
Name: Florence T Unger
Corporate Officer — Title( s):
Partner — Di Limited ® General
1 Individual m Attorney in Fact
DI Trustee DI Guardian or Conservator
DI Other:
Signer Is Representing: The Ohio Casualty Insurance
Company
Signer' s
Name:
Corporate Officer — Title( s):
Partner — 0 Limited General
Individual 0 Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1 - 800 -US NOTARY ( 1- 800-76- 6827) Item #5907 419
SECTION 00300
SOUTH LATHROP FIBER OPTIC EXTENSION BID PROPOSAL FORMS
CIP GG 2349
NONCOLLUSION AFFIDAVIT
STATE OF California
SS.
COUNTY OF San Joaquin
Gary M Woody , being first duly sworn, deposes and says that he or she is Co -CEO of Bockmon & Woody Electric Co., Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged informatio or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, co . • , associated, o ganiz ' on, bid depository, or to any member or agent thereof to effectuate a , ve or sham b. e of: » r dent, Sec tary, Gary M Woody: Co -CEO
Manager, Project Manager or Representative
at
The County of
State of
Subscribed and sworn to ( or affi • .) before me
on this day of 20 , by
proved to
me on the .. is of satisfactory evidence to be the
person who appeared before me.
Seal
Signature
00300- 7
420
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and hot the truthfulness, accuracy, or validity of that document.
State of California
County of San Joaquin
On t" (3, 2. 02- t4 before me.
Date
Arlene C. Larsen, Notary Public
Here Insert Name and Title of the Officer
personally appeared Gary M. Woody
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ thy executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
ARLENE C. LARSEN
Notary Public - California
San Joaquin County
Commission # 2426223
My Comm. Expires Dec 9, 2026
Place Notary Seal Above
WITNESS my hand and official seal.
Signature
OPTIONAL
Signature of N tary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name:
Corporate Officer — Title( s):
Partner — Limited D General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
Other:
Signer Is Representing:
Signer' s Name:
0 Corporate Officer — Title( s):
0 Partner — Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
Other:
Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1 - 800 -US NOTARY ( 1- 800-76- 6827) Item # 5907 421
SECTION 00300
SOUTH LATHROP FIBER OPTIC EXTENSION BID PROPOSAL FORMS
CIP GG 23- 19
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty ofperjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X
If the answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' sfailure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
END OF SECTION)
00300- 8
422
ITEM 4. 19
CITY MANAGER' S REPORT
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO FRONTLINE
GENERAL ENGINEERING CONSTRUCTION, INC. FOR
CONSTRUCTION OF LATHROP GATEWAY ARCHES, CIP
GG 24-3 AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Frontline General Engineering Construction, Inc.
for Construction of Lathrop Gateway Arches, CIP GG
24-3 and Approving Budget Amendment
SUMMARY:
On July 10, 2023, City Council created Capital Improvement Project ( CIP) GG 24-3 for Historic Lathrop Beautification that includes design and construction of the Lathrop Gateway Arches ( Project). The Project consists of constructing two roadway arches on 5th Street near the Lathrop Road and Louise Avenue intersections.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on August 12, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
2. 36. 060. The City Clerk received and opened six ( 6) bids on August 29, 2024. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be Frontline General Engineering Construction, Inc. (Frontline) with a bid of $ 938, 49. 70.
Staff requests City Council award a construction contract to Frontline for construction of the Project in the amount of $ 938, 49. 70 and authorize a 15% construction contingency of $ 140, 774 for a total construction budget of $ 1, 079, 264.
Sufficient funds were not allocated in the approved Fiscal Year ( FY) 24-5 budget to fund the construction contract and a 15% contingency. Thus, staff is requesting City Council approve a budget amendment transferring $ 1, 079, 264from Measure C Fund 1060) to the CIP Project Fund ( 3310) subject to review and approval by the Measure C Oversight Committee.
BACKGROUND:
At the July 10, 2023 City Council meeting, Council created CIP GG 24-3 for installation of gateway arches on 5th Street near the Lathrop Road and Louise Avenue intersections. The Project will construct two gateway arches with a truss structural system, electrical components, remove and replace sidewalk, landscape, and install a new irrigation system.
423
CITY MANAGER' SREPORT PAGE 2
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO FRONTLINE GENERAL ENGINEERING CONSTRUCTION, INC. FOR CONSTRUCTION OF LATHROP GATEWAY ARCHES, CIP GG 24-3 AND APPROVE BUDGET AMENDMENT
The bid solicitation package with plans and specifications for the construction of the Project was advertised on August 12, 2024, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
Six ( 6) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Contractor Base Bid
Frontline General Engineering Construction Inc. 938, 49. 70 Swierstok Enterprise Inc., dba Pro Builders 1,08, 406. 00 Dirt Dynasty, Inc. 1, 235, 388. 00
Soracco, Inc. 1, 236, 406. 95
BOBO Construction, Inc. 1, 237, 403. 00
Saboo Inc. 1, 283, 998. 00
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Frontline. Staff requests City Council adopt a resolution awarding a construction contract to Contractor for $938, 49. 70.
Staff also requests City Council authorize a 15% construction contingency of $ 140, 774 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total construction budget of $ 1, 079, 264.
REASON FOR RECOMMENDATION:
Historic Lathrop, generally known as the area bounded by Lathrop Road on the north, Louise Avenue on the south, Harlan Road on the west and 7th Street on the east, predates the City' sincorporation in 1989. Construction of the Lathrop Gateway Arches will memorialize the historical significance and create an appealing entryway into the neighborhood.
FISCAL IMPACT:
Sufficient funds were not allocated in the approved FY 24-5 budget for CIP GG 24- 23, thus staff is also requesting the approval of a budget amendment transferring 1, 079, 264from Measure C Fund ( 1060) to the CIP Project Fund ( 3310), subject to review and approval by the Measure C Oversight Committee, as follows:
Increase Transfer Out
1060- 9900-90- 9010 $ 1, 079, 264
Increase Transfer In
3010- 9900- 393- 0000 GG 24-3 $ 1, 079, 264
424
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO FRONTLINE GENERAL ENGINEERING CONSTRUCTION, INC. FOR CONSTRUCTION OF LATHROP GATEWAY ARCHES, CIP GG 24-3 AND APPROVE BUDGET AMENDMENT
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24-3 $ 1, 079, 264
ATTACHMENTS:
A. Resolution Awarding a Construction Contract to Frontline General Engineering Construction, Inc. for Construction of Lathrop Gateway Arches, CIP GG 24-3 and Approving Budget Amendment
B. Construction Contract with Frontline General Engineering Construction, Inc. for Construction of the Lathrop Gateway Arches, CIP GG 24-3 425
CITY MANAGER' SREPORT PAGE 4
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO FRONTLINE GENERAL ENGINEERING CONSTRUCTION, INC. FOR CONSTRUCTION OF LATHROP GATEWAY ARCHES, CIP GG 24-3 AND APPROVE BUDGET AMENDMENT
APPROVALS:
9- 3-. 2ozy
Anget 6arca Date
Assistant Engineer
Brad Gi' aylor
City Engineer
Carl Jame
Director of lance
Fug -
43/ 3/ 107 -4
Date
Date
441° 1°
Mich I King Date
5/ 3/ 70-/ 4
Assistant City Manager
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
2At
426
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AWARDING A CONSTRUCTION CONTRACT TO FRONTLINE GENERAL
ENGINEERING CONSTRUCTION, INC. FOR CONSTRUCTION OF LATHROP GATEWAY ARCHES, CIP GG 24-3 AND APPROVE BUDGET AMENDMENT WHEREAS, on July 10, 2023, City Council created Capital Improvement Project ( CIP) GG 24-3 for Historic Lathrop Beautification that includes design and construction of Lathrop Gateway Arches ( Project); and
WHEREAS, the Project consists of constructing two roadway arches on 5th Street near the Lathrop Road and Louise Avenue intersections; and WHEREAS, the scope of work includes constructing two gateway arches with a truss structural system, electrical components, remove and replace sidewalk, landscape, and install a new irrigation system; and
WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on August 12, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, six ( 6) bids were received and opened on August 29, 2024; and WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be Frontline General Engineering Construction, Inc. (Frontline) with a bid of $ 938, 49. 70; and WHEREAS, staff requests City Council award a construction contract to Frontline for construction of the Project in the amount of $ 938, 49. 70and authorize a 15% construction contingency of $ 140, 774 for a total construction budget of 1, 079, 264; and
WHEREAS, sufficient funds were not allocated in the approved FY 24-5 budget for CIP GG 24-3, thus staff is also requesting the approval of a budget amendment transferring $ 1, 079, 264from Measure C Fund ( 1060) to the CIP Project Fund ( 3310) as follows:
Increase Transfer Out
1060- 9900-90- 9010 $ 1, 079, 264
Increase Transfer In
3010- 9900- 393- 0000 GG 24-3 $ 1, 079, 264
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24-3 $ 1, 079, 264
427
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Frontline General Engineering Construction, Inc. for construction of Lathrop Gateway Arches, CIP GG 24-3 for a cost of $938, 49. 70; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 15% construction contingency of $140, 774 for a total construction budget of $ 1, 079, 264 and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 1, 079, 264from Measure C Fund 1060), subject to review and approval by the Measure C Oversight Committee, to the CIP Project ( 3310) as detailed above.
428
The foregoing resolution was passed and adopted this 9th day of September 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk
S
Salvador Navarrete, City Attorney
429
ATTACHMENT
6 ..
CONSTRUCTION CONTRACT
This Contract, dated September 9, 2024, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Frontline General Engineering Construction, Inc. ( Contractor), whose Taxpayer Identification Number is For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for Lathrop Gateway Arches, CIP GG 24-3 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract is generally described as, but not necessarily limited to; constructing ( 2) two gateway arches ( with structural and electrical components) on 5th Street near the Lathrop Road and Louise Avenue intersections, removing and replacing sidewalk, landscape, including a new irrigation system, and performing all appurtenant work in place and ready for use, all as shown in the Contract Plans and Specifications.
The work shall be completed within 30 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and are hereby incorporated by reference ( i.e.
Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Frontline General Engineering Construction, Inc. on August 29, 2024.
430
For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' sPublic Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, orjudgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. 431
A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance ofthe Work is the Contractor' sdefault of a material obligation ofthe Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
432
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of world labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
433
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
434
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 435
12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Phone:
Fax:
ATTN:
436
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a
copy of any corporate or
partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
437
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
438
Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written "Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Item List
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council ' s approval with resolution.
439
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Th
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
440
EXHIBIT " A "
SECTION 00300
LATHROP GATEWAY ARCHES
CIP GG 24-3
BID PROPOSAL FORMS
LATHROP GATEWAY ARCHES, CIP GG 24-3
BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Mobilization, Bonds & Insurance 1 LS 67, 436. 18 67, 436. 18 2 Traffic Control 1 LS 25, 170. 41 25, 170. 41
3 Erosion and Sediment Control Plan
ESCP)
1 LS 3, 751. 8 3, 751. 8
4 Clearing, Grubbing, and Disposal 1 LS 27, 810. 3 27, 810. 3 5 Remove existing Asphalt Pavement /
Concrete
1 LS 14, 927. 28 14, 927. 28
6 Grading ( Rough / Fine) 1 LS 30, 429. 57 30, 429. 57
7 Tree Removal 2 EA 1, 934. 30 3, 868. 60
8 Insta11 3/ 4" Water Meter 2 EA 2,95. 11 4, 590. 22
9 Relocate ( ex) Water Meter 2 EA 1, 840.6 3, 681. 72
10 Install 1" Water Line 43 LF 76. 53 3, 290. 79
11 Install 3/ 4" Backflow Preventer w/
Enclosure, Pad, & Blanket
2 EA 8, 761. 28 17, 522.6
12 Install North Entry Gateway Arch 1 LS 162, 715. 16 162, 715. 16 13 Install South Entry Gateway Arch 1 LS 170, 862. 38 170, 862. 38 14 Install Electrical Components to North
Entry Gateway Arch
1 LS 90,96. 02 90,96. 02
15 Install Electrical Components to South
Entry Gateway Arch
1 LS 85, 446. 2 85, 446. 2
16 Construct 6" PCC Sidewalk 1, 030 SF 40. 60 41, 818. 00 17 Asphalt Pavement 673 SF 35. 90 24, 160. 7
18 Construct 6" Vertical Curb & Gutter 165 LF 214. 00 35,10. 0 19 Construct 6" Vertical Curb 32 LF 318. 91 10, 205. 12 20 Install Steel Edging 40 LF 75. 14 3, 005. 60
21 Prepare Soil for Landscape 459 SF 8. 55 3, 924. 45
22 Install 15 Gallon Trees 2 EA 3, 443. 24 6, 886. 48
23 Install 5 Gallon Shrubs 19 EA 363. 43 6, 905. 17
24 Insta11 2 Gallon Shrubs 17 EA 531. 70 9, 038. 90
00300- 2
441
SECTION 00300
LATHROP GATEWAY ARCHES
CIP GG 24-3
BID PROPOSAL FORMS
25 Install 3" Decorative DG Mulch 459 SF 24. 63 11, 305. 17 26 Install Irrigation Controls and
Distribution
1 LS 73, 430. 85 73, 430. 85
TOTAL BASE BID: 938, 49. 700
TOTAL BASE BID IN WORDS: nine hundred thirty- eight thousand four hundred eighty- nine dollars and seventy cents 00300- 3
442
ITEM 4. 20
CITY MANAGER' S REPORT
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO MG & JC
CONCRETE, INC. FOR CONSTRUCTION OF TOWNE
CENTRE DRIVE RAISED CROSSWALK PROJECT, CIP
PS 24- 07
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to MG & JC Concrete, Inc. for the Construction of
Towne Centre Drive Raised Crosswalk, CIP PS 24- 07
SUMMARY:
The City of Lathrop established the current Traffic Calming Program in 2014 and approved Capital Improvement Project ( CIP) PS 24- 07 with the FY 24-5 budget to address and resolve local neighborhood traffic concerns. This program provides traffic calming measures that can reduce traffic speed, motor -vehicle collisions, and improve safety for pedestrians, cyclists, and motorists.
The goal of the Towne Centre Raised Crosswalk ( Project) is to reduce vehicle speeds on Towne Centre Drive and provide a crosswalk with enhanced safety features for pedestrians crossing between the Towne Centre Apartments to the north and the amenity center to the south. The Project will include grinding of asphalt paving, minor demolition of concrete curb and landscape, installation of grouted cobble, installation of 1-B poles for pedestrian actuated flashing beacons, construction of ADA ramps and landings, construction of concrete raised crosswalk, and striping.
The total budget for this Project, including contingency of 20%, is $ 60, 000. This amount was previously appropriated and sufficient funds were allocated in the approved FY 2024-5 budget for Traffic Calming Measures projects.
Staff requests City Council award a construction contract to MG & JC Concrete, Inc of Vacaville, California for the construction of Towne Centre Drive Raised Crosswalk Project, Capital Improvement Project ( CIP) PS 24- 07 in the amount of $ 42, 340.
BACKGROUND:
City Staff has received complaints from residents regarding vehicles traveling at unsafe speeds on Towne Centre Drive near the Towne Centre Apartments and concerns about pedestrians crossing from the north apartment complex to the south apartment complex, where most of the amenities for the apartments are located.
During October 2023, City staff began a traffic calming study utilizing the California Manual on Uniform Traffic Control Devices ( MUTCD); and after four ( 4) days of the study, data was collected for an estimated 17, 000 vehicles. This amounts to 443
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO MG & 3C, CONCRETE INC. FOR THE CONSTRUCTION OF TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07 approximately 4, 250 vehicles crossing at the area of concern per day. The speed collected yielded higher averages than the posted speed limit of 25 mph. After careful consideration and observation, staff recommends a raised crosswalk in the area. City staff prepared plans, specifications and an engineer' s estimate in- house.
Staff advertised an informal bid solicitation package for construction of Towne Centre Drive Raised Crosswalk Project on August 6, 2024, in accordance with Informal Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. 040. Public Works received and opened two ( 2) informal bids on August 19, 2024. Based on review and evaluation, MG & JC Concrete, Inc. was determined to be a responsible contractor and their bid of $ 42, 340 was determined to be the lowest responsive bid submitted for the project. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Towne Centre Drive Raised Crosswalk
Contractor Total Sample Base Bid
MG & JC Concrete, Inc. 42, 340
Westside Landscape & Concrete, Inc. 56, 613
Staff requests City Council award a construction contract to MG 8,, JC Concrete, Inc. for an amount not to exceed $ 42, 340.
The total estimated cost of this Project, including contract amount, a 20% construction contract contingency, 15% for construction soft costs related to the construction of this project, if awarded to MG & JC Concrete, Inc., is as follows:
Construction Bid 42, 340. 0
Construction Contingency ( 20%) 8, 468. 00
Misc. Costs for Construction 9, 192. 00
Total Project Budget 60, 000.
Staff also requests City Council authorize staff to spend the contingency and soft cost as necessary to achieve the goals of the Project for a total cost not to exceed $ 60, 000.
REASON FOR RECOMMENDATION:
The Project is recommended to increase the safety of the residents and pedestrians around Towne Centre Drive.
444
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO MG & JC, CONCRETE INC. FOR THE CONSTRUCTION OF TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07 FISCAL IMPACT:
The Towne Centre Drive Raised Crosswalk Project, CIP PS 24- 07, is an approved project in the City' s Capital Improvement Plan, covered under CIP Project Fund 3310). The proposed service contract with MG & JC Concrete, Inc. is for an amount not to exceed $ 42, 340. The total budget for this project, including contingency is 60, 000. As part of CIP PS 24- 07 Traffic Calming Measures, sufficient funds were allocated in the FY 2024-5 budget for award of the construction contract and related expenses.
ATTACHMENTS:
A. Resolution Awarding a Construction Contract to MG & JC Concrete, Inc. for the Construction of Towne Centre Raised Crosswalk Project, CIP PS 24- 07 B. Construction Contract with MG & JC Concrete, Inc. of Vacaville, CA for Towne Centre Drive Raised Crosswalk Project, CIP PS 24- 07
445
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO MG & JC, CONCRETE INC. FOR THE CONSTRUCTION OF TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07 APPROVALS:
Leisser Mazariegos
Project Manager
v 71/ 42,,-•
Veronica Albarran
Junior Engineer
Brada' aylor
City Engineer
Cari
Director o Finance
DS- aB--oa
Date
Date
a/ 22124Z'- 1
i/q/ c/ 014
Date
8- 21 • zozy
Michael King Date
Assistant City Manager
9, ?.0 2
Salvador Navarrete Date
City Attorney
con sus ikizogy
Stephen J. Salvatore Date
City Manager
446
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO MG & JC CONCRETE, INC. FOR THE
CONSTRUCTION OF TOWNE CENTRE DRIVE RAISED CROSSWALK PROJECT, CIP PS 24- 07
WHEREAS, the City of Lathrop established the current Traffic Calming Program in 2014 and approved Capital Improvement Project ( CIP) PS 24- 07 with the FY 24-5 budget to address and resolve local neighborhood traffic concerns; and WHEREAS, City staff has received complaints from residents regarding vehicles traveling at unsafe speeds on Towne Centre Drive near the Towne Centre Apartments and concerns about pedestrians crossing from the north apartment complex to the south apartment complex, where most of the amenities for the apartments are located; and
WHEREAS, during October 2023 City staff began their traffic calming study utilizing the California Manual on Uniform Traffic Control Devices ( MUTCD); and after four ( 4) days of data collection an estimated 17, 000 vehicle speeds were collected.
This amounts to a little over 4, 250 vehicles crossing at the area of concern per day.
The speed collected yielded higher average speed than the posted speed limit of 25mph; and
WHEREAS, after careful consideration and observation, staff recommends a raised crosswalk for this area; and
WHEREAS, the scope of work consists of the grinding of asphalt paving, minor demolition of concrete curb and landscape, installation of grouted cobble, installation of 1-B poles for pedestrian actuated flashing beacons, construction of ADA ramps and landings, construction of concrete raised crosswalk, and striping; and WHEREAS, the bid solicitation package with plans and specifications for the construction of the Towne Centre Raised Crosswalk ( Project) was advertised on August 6, 2024, in accordance with Informal Bidding Procedures in California PCC 22034 and Lathrop Municipal Code ( LMC) 3.0. 040; and
WHEREAS, two ( 2) bids were received and opened on August 19, 2024; and WHEREAS, staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is MG & JC Concrete, Inc. Staff requests City Council adopt a resolution awarding a construction contract to MG & JC Concrete, Inc. for $ 42, 340; and
WHEREAS, staff also requests City Council authorize a 20% construction contingency of $8, 468, if needed; and
WHEREAS, total project budget is not to exceed an amount of $ 60, 000; and 447
WHEREAS, there are no fiscal impact, sufficient funds have been budgeted for project PS 24- 07 in FY 24/5 to cover the cost of the project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract with MG & JC Concrete, Inc. for construction of CIP PS 24- 07 Towne Centre Drive Raised Crosswalk for a cost of 42, 340; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 20% construction contingency of $8, 468 a total cost not to exceed 60, 000 for construction of the Project.
448
The foregoing resolution was passed and adopted this 9th day of September 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TSB FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 449
SECTION 00500
ATTACHMENT
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
CONTRACT
This Contract, dated , is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and MG & JC Concrete, Inc., Contractor), whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City, including City furnished materials.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to a 3" grind of asphalt paving, minor demolition of concrete curb and landscape, installation of grouted cobble, installation of 1" conduit, installation of two City furnished 13' type 1- B poles, construction of ADA ramps and landings, construction of a concrete raised crosswalk, striping, and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 10 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: 42, 340 ( Written Price)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by the Contractor on August 19, 2024. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this 00500- 1
450
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' sperformance ofits obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property ofContractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
00500- 2
451
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the 00500- 3
452
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
Contractor' s
proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance ofWork, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms 00500- 4
453
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. Ifthe requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' sname, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements ofthis Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict 00500- 5
454
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
00500- 6
455
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
8)
9)
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
00500- 7
456
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
16. Miscellaneous
1)
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
To Contractor:
Phone:
PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Veronica Albarran, Junior Engineer
MG & JC Concrete, Inc
401 Buckeye Street,
Vacaville, CA 95688
415) 933- 0031
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, 00500- 8
457
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable 00500- 9
458
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
00500- 1
459
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Manager' sapproval.
00500- 11
460
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
00500- 12
461
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EXHIBIT " A' "
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: Public Works Department
FOR: TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07 THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location of the proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City of Lathrop, in the form ofthe Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the total price of the bid. The City of Lathrop reserves the right to award only the work contemplated by the bid or none of the work. 00300- 1
464
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Mobilization / Bonds / Insurance 1 LS
coo M10c0
5( COD 2 Traffic Control 1 LS
5( 000
3 Landscape Demolition 1 LS Cc WO
4 Grind / Off -Haul / Remove Existing
Asphalt Concrete @ 3" Depth
320 SF A 11 2Q
5 Construct PCC Sidewalk @ 5'
Width per City Std. Detail
20 LF
115 3( 5CO
6 Remove and replace PCC Curb Per
Project Plans and Specifications
16 LF
0 ( o
Construct PCC Curb Ramp Case
CH"
1 EA 310c0 3 IflJ cco,
8 Construct PCC Curb Ramp Case
1 EA 3 3/ c
9 Install City -Furnished Poles w/
PCC Footings
2 EA
f o
1 ccO
10 Install 1" Conduit per Plans &
Specs
1 LS 31. 000 3( cco
11 Install Grouted Cobbles per City
Standard 2"- 4" Noya River Cobbles
60 SF
yy12 Supply / Place PCC Crosswalk Per
Project Plans and Specifications
1 LS t l
i2co it I 213
13 Install Striping Per Project Plans 1 LS 3( cop8(oo
TOTAL BID: $ 4Z, ;) 210
TOTAL BID IN WORDS: AlVO 1 wQ 4 -r nv 1 v.d -k-vP. e 14UvtCll O hc4 TO , 00300- 2
465
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
INFORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' sname and address:
Mea, Arid 5, QOVO- e, C,.
901 Kvc) kelf red \ I Gicaki i l le, C/ 4 . g5( o
2) Bidder' soffice telephone number: 14 X33- 008)
3) Bidder' sfax number: N 1 Pt
4) Bidder' s Contractor' sLicense # / Expiration Date / Classification:
I 01- 1 BC° / zo25 / Cse, A
5) Bidder' s DIR Registration # / Expiration:
1(00'3 OI / 66) -30—? OZ5
6) Person who inspected site ofproposed work for Contractor' sfirm:
7)
Name: Sa< r-- o Cprpv p Date of Inspection: E 113 1211
List 4 projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
00300- 3
466
Miguel Gonzalez — Work Experience
CURB, GUTTER & SIDEWALK REPAIR INCLUDING TREE REMOVAL & STUMP GRINDING & INSTALLATION OF CONCRETE CURB RAMPSAT MISCELLANEOUS LOCATIONS2021- 2022( P.W. 507- 18) Owner - City of Antioch Capital Improvements200 " H" StreetP. O. Box 5007Antioch, CA 94531- 5007 — Inspector Darren Travels — 925 382 5050
Prime Contractor — MG& JC Concrete Inc. 401Buckeye Street Vacaville, CA 9568 Contract Price $ 323, 950. 0 Date October 21 —June 22
Animal Shelter, Concrete CIP GG 23- 06 — Concrete Curb ramps, sidewalk and asphalt paving Owner - City Of Lathrop, 390 Towne Centre Dr, Lathrop CA 95330 — Project Manager Angel Albaraca — 209 712 3136
Prime Contractor — MG& JC Concrete Inc. 401Buckeye Street Vacaville, CA 9568 Contract Price $ 94, 000. Extra work added Final Price $ 99,50. 0 Date 03/ 11/ 24 — 03/ 15/ 24 Lombard St Vision Zero, Lombard St San Francisco — Sewer, Water and Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Brian Wong Resident Engineer Prime Contractor — M Squared Construction, 1278 20th Ave San Francisco — 415 661- 6902 Contract Price - $ 29, 982, 000. Date Oct 2018 — Oct - 2020 Role — Foreman/ operator of pipe laying and Concrete Crew ( Role involves layout of work, scheduling of work, making sure the work is done efficiently and safely) Polk Streetscape Project, Polk St St San Francisco — Sewer, Water and Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Panos Panagopolus ResidentEngineer Prime Contractor— M Squared Construction, 1278 20` h Ave San Francisco — 415 661- 6902 Contract Price - $ 18, 321751. 00 Date Oct 2016 —June 2019 Role — Foreman/ operator of pipe laying and Concrete Crew ( Role involves layout of work, scheduling of work, making sure the work is done efficiently and safely) 467
22nd, 23rd and Dolores St San Francisco — Sewer, Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Ben Leung Prime Contractor — Basset Engineering 2330 Castro St, San Francisco —415 597 6690 Contract Price - $ 2, 496, 000. Date Jan 21— September 21 Role — Subcontractor— Concrete flat work ( Curb ramps, curb and gutter and sidewalk) 468
Jairo Coronado — Work Experience
CURB, GUTTER & SIDEWALK REPAIR INCLUDING TREE REMOVAL & STUMP GRINDING & INSTALLATION OF CONCRETE CURB RAMPSAT MISCELLANEOUS LOCATIONS2021- 2022( P.W. 507- 18) Owner - City of Antioch Capital Improvements200 " H" StreetP. O. Box 5007Antioch, CA 94531- 5007 — Inspector Darren Travels — 925 382 5050
Prime Contractor — MG& JC Concrete Inc. 401Buckeye Street Vacaville, CA 9568 Contract Price $ 323, 950. 0 Date October 21 —June 22
Animal Shelter, Concrete CIP GG 23- 06 — Concrete Curb ramps, sidewalk and asphalt paving Owner - City Of Lathrop, 390 Towne Centre Dr, Lathrop CA 95330 — Project Manager Angel Albaraca — 209 712 3136
Prime Contractor — MG& JC Concrete Inc. 401Buckeye Street Vacaville, CA 9568 Contract Price $ 94, 000. Extra work added Final Price $ 99,50. 0 Date 03/ 11/ 24 — 03/ 15/ 24 Lombard St Vision Zero, Lombard St San Francisco — Sewer, Water and Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Brian Wong Resident Engineer Prime Contractor — M Squared Construction, 1278 20th Ave San Francisco — 415 661- 6902 Contract Price - $ 29, 982, 000. Date Oct 2018 — Oct - 2020 Role — Foreman/ operator of pipe laying and Concrete Crew ( Role involves layout of work, scheduling of work, making sure the work is done efficiently and safely) Polk Streetscape Project, Polk St St San Francisco — Sewer, Water and Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Panos Panagopolus ResidentEngineer Prime Contractor — M Squared Construction, 1278 20` h Ave San Francisco — 415 661- 6902 Contract Price - $ 18, 321751. 00 Date Oct 2016 — June 2019 Role — Foreman/ operator of pipe laying and Concrete Crew ( Role involves layout of work, scheduling of work, making sure the work is done efficiently and safely) 469
22nd, 23rd and Dolores St San Francisco — Sewer, Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Ben Leung Prime Contractor —Basset Engineering 2330 Castro St, San Francisco — 415 597 6690 Contract Price - $ 2, 496, 000. Date Jan 21— September 21 Role — Subcontractor — Concrete flat work ( Curb ramps, curb and gutter and sidewalk) 470
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
List of Subcontractors:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' sTotal Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item ofwork to be performed with the words " and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing "Not Applicable" in the list below.
1. 2.
3. 4.
5. 6.
Work to be Performed
Subcontractor
License Percent of
Number Total Contract Subcontractor' sName & Address
Note: Attach additional sheets if required.
00300- 4
471
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
ADDENDA
Bidder acknowledges receipt ofthe following addendum ( addenda):
Respectfully submitted,
Dated Legal Name of Firm
Signature of Authorized Representative
Seal)
IfBidder is a corporation, show State in which incorporated.) The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:
NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
00300- 5
472
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK. CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
NONCOLLUSION AFFIDAVIT
STATE OF
SSCOUNTY OF 9
being first duly sworn, deposes and says that he or she is of the party making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ff
jaivc) Coh,. f)I/42, _
Signature of: President, Secretary,
Manager, Project Manager or Representative
The County of
State of
Subscribed and sworn to ( or affirmed) before me
on this day of , 20 , by
proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me.
Seal
Signature
00300- 8
473
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK. CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
in accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty ofperjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No __
Ifthe answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable fmding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' sfailure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
END OF SECTION)
00300- 9
474
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE MG and JC Concrete, Inc.
as PRINCIPAL, and Westem National Mutual Insurance Company as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment ofwhich sum in lawful money ofthe United States, well and truly to be made to the City ofLathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, fumly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ 1o% of Bid Amount,
THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the Public Works Department, 390 Towne Centre Drive, Lathrop, CA: TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07.
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
00300- 6
475
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
N
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this f((,'' day 202H
Seal)
Seal)
Address:
Seal)
iC- li ( Seal)
Address: 4700 West 77th Street.
Edina, MN 55435- 4818
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 7
NOT,
COP,
amesstaN E
476
wt$ TEMIN
wNATIONAL
Ad, Madam: krsaapo
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Westem National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Eric Verkouteren Gritly Insurance Services Inc. #10248 Its true and lawful Attomey( s)- in- Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto ( if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self- insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/ 100 ($7, 500, 000.) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Westem National Mutual Insurance Company thereby, and all of the acts of said Attomeys- in- Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010.
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Westem National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attomeys- in- fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attomey- in- fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company 1) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed ( if a seal be required) by a duly authorized attomey- in- fact or agent; or iii) when duly executed and sealed ( if a seal be required) by one or more attorneys - in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person orpersons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December , 2020.
E SEAL :
Jon R. Hebeisen, Secretary
STATE OF MINNESOTA, COUNTY OF HENNEPIN
Larry A. Byers, Sr. Vice President
On this 16th day of December. 2020, personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid,. aad_,, that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers w# RIAi, STAJ duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. ON SHM 9 , SioN
pus
t,I0 lc
7.S &spigot,
Jennifer A. Young, Notary Public
My commission expires January 31, 2026
JENNIFER A. YOUNG
NOTARY PUBLIC
MINNESOTA
My c mnbssion Egaires D1rd112O26
CERTIFICATE
1, the undersigned, assistant secretary of the Westem National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
d'` OwPl. AiprG.•'.
9 WSEAL
Signed and sealed at the City of Edina, MN this ! 1i6ay of %i>t/8, JS1 , Z) V1 Jennifer A. Young, Assistant Secretary y
477
State of Oregon Notarial Certificate (ORS Ch. 194. 280, 194. 285) Acknowledgment in a Representative Capacity
State of OREGON
County of DOUG1, Z
This record was acknowledged before me on ( date) Ai. t,4 no—, 20 24 by ( name( s) of individual( s)) 5r; e.
type of authority)
Veybis Ltt ere -0 as
Owe, o F t
rtry of (name of party on whose behalf
record was executed) 7LK. I.jeSiar Natrnnax rvu. k-v.1% trtiv ame C01v41 y . blic - State of Oregon
Official Stamp
OFFICIAL STAMP
JULIAN SHIVELY
NOTARY PUBLIC - OREGON
COMMISSION NO. 1003965
P. r C0141AiSSI04J WIRES SEPTEJ ER 29, 2024
Document Description
This certificate is attached to page 344 of a Bidders 8Ortd ( title or type of document), dated AvouSt / G.', 20 Z4 , consisting of 9 pages. 478
ITEM 4. 21
CITY MANAGER' SREPORT
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE MOSSDALE LANDSCAPE REHABILITATION,
CIP GG 25- 06, APPROVE BUDGET AMENDMENT AND
APPROVE CONSTRUCTION CONTRACTS WITH MG &
JC CONCRETE INC. AND JOHN D. WAIT MASONRY,
INC.
RECOMMENDATION: Adopt Resolution to Create Mossdale Landscape Rehabilitation, CIP GG 25- 06, Approve Budget
Amendment and Approve Construction Contracts
SUMMARY:
Much of the landscaping in streetscapes, parks and City facilities in the Mossdale Landing Specific Plan area ( Mossdale) is 10- 20 years old. As irrigation technology, plant selection and surface treatments for drought tolerant landscaping have been improved over time, the City desires to replace the aging landscaping components of subject City facilities in Mossdale to improve aesthetics and reduce costs for maintenance and irrigation water usage. This will be accomplished by soliciting construction bids from contractors as required by Public Contract Code, and purchasing plant and surfacing materials for installation by the City' s landscape maintenance contractor.
To provide funding and a single account for tracking the expenditures associated with the proposed future landscape rehabilitation tasks in Mossdale, staff requests City Council approve the creation of Capital Improvement Project ( CIP) GG 25- 06, Mossdale Landscape Rehabilitation ( Project). The limits of the Mossdale Landing Specific Plan area are shown in Attachment B. Staff also requests Council fund the proposed CIP by approving a budget amendment transferring $ 350, 00 from the General Fund Landscape Reserves ( 1010) to the CIP GG 25- 06 Project Fund ( 3010).
The funding request and a breakdown of the proposed funding usage within the Project is included in the Fiscal Impact section.
The Mossdale Landing monument sign previously located on the southwest corner of the intersection of River Islands Parkway and Golden Valley Parkway deteriorated years ago and requires replacement ( Sign Project).
Landscaping along both sides of McKee Boulevard adjacent to City Hall has also deteriorated. Installation of grouted cobbles ( Cobbles Project) is the proposed first phase of that landscape rehabilitation.
To construct the Sign Project and Cobbles Project, staff released separate informal bid solicitations pursuant to PCC 22034 and LMC 3.0 for these projects. The Sign and Cobbles Projects locations are shown in Attachment B. 479
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
CREATE MOSSDALE LANDSCAPE REHABILITATION, CIP GG 25- 06, APPROVE
BUDGET AMENDMENT AND APPROVE CONSTRUCTION CONTRACTS
No bids were received for the Mossdale Monument Sign Replacement ( Sign Project) on August 1, 2024. Pursuant to LMC 3.0. 080B, staff then negotiated a contract for the construction of the Sign Project with John D. Wait Masonry, Inc. (Wait Masonry) for a cost of $ 36,00. Staff requests City Council approve a construction contract with Wait Masonry for $ 36,00 for the construction of the Sign Project. Staff also requests City Council approve a 10% construction contingency of $ 3, 630 and authorize staff to spend that money as needed to achieve the goals of the Sign Project.
Two bids were received for the installation of grouted cobbles on McKee Boulevard Cobbles Project) on June 4, 2024, summarized in Table 1 below:
Table 1 — Cobbles Proiect Bid Summar
Contractor Base Bid
MG & JC Concrete, Inc. 24,12
Westside Landscape & Concrete, Inc. 26, 650
Staff requests City Council approve a construction contract with MG & JC Concrete, Inc. for $ 24,12 for the construction of the Cobbles Project. Staff also requests City Council approve a 10% construction contingency of $ 2, 421 and authorize staff to spend that money as needed to achieve the goals of the Cobbles Project.
BACKGROUND:
The Project' sproposed landscape improvements consist of the replacement of specific existing irrigation components, plant material and decorative surfacing. Specifically, outdated CalSense irrigation components will be replaced with current versions, and spray head sprinklers will be replaced with bubblers, which will reduce water use and maintenance costs. Some existing plant material and sod grass will be replaced with more drought -tolerant plant material or surfacing such as decomposed granite, grouted cobbles, stamped concrete or synthetic turf. These proposed replacements will reduce maintenance and irrigation costs, and contribute an aesthetically pleasing texture and color to the streetscape palette.
A wooden Mossdale Landing monument sign was installed on the southwest corner of the intersection of River Islands Parkway and Golden Valley Parkway when the adjacent subdivision was built over 15 years ago, but was removed approximately 4 years ago due to deterioration. The proposed replacement masonry and steel monument sign will match those on the southwest and northeast corners of the River Islands Parkway and McKee Boulevard intersection and have a longer service life than the original sign.
The Cobbles Project consists of cobbles wet -set in grout on McKee Boulevard, and will replace dying plant material with a textured finish requiring no maintenance. This surface treatment is proposed for installation in small zones on both sides of the 480
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
CREATE MOSSDALE LANDSCAPE REHABILITATION, CIP GG 25- 06, APPROVE
BUDGET AMENDMENT AND APPROVE CONSTRUCTION CONTRACTS
McKee Boulevard to the west of City Hall. Synthetic turf and decomposed granite will also be installed around the cobbles as part of future tasks funded by CIP GG 25- 06.
REASON FOR RECOMMENDATION:
Creation of the CIP and approving the budget request will allow City staff to accurately track expenditures for the work and materials to perform the described landscape rehabilitation. Approval of contracts for the Cobbles and Sign Projects is a necessary step towards completing these two smaller components of the Project.
FISCAL IMPACT:
Staff requests Council approve a budget amendment transferring $ 350, 00from the General Fund Landscape Reserves ( 1010) to the CIP Project Fund ( 3010) as follows:
Decrease Landscape Reserves
1010- 251- 07-0
Increase Transfer Out
1010- 9900-90- 9010
350, 00
350, 00
Increase Transfer In
3010- 9900- 393- 0000 GG 25- 06 $ 350, 00
Increase Expenditures
3010- 8000- 420- 12- 00 GG 25- 06 350, 00
Table 2, below, summarizes the proposed use of the funding requested for CIP GG 25- 06.
Table 2 — Funding Request Summary
Use of Funds Contract Value Construction Contingency Total Cobbles Project 24,12 2, 421 ( 10%) 26, 633
Sign Project 36,00 3, 630 ( 10%) 39, 930
Future Work NA NA 283, 47
Total Funding Request: $350, 00
ATTACHMENTS:
A. Resolution to Create CIP GG 25- 06, Mossdale Landscape Rehabilitation, Approve Budget Amendment and Approve Construction Contracts
B. Project Location Map
C. Construction Contract with John D. Wait Masonry, Inc. for the Construction of Mossdale Monument Sign, CIP GG 25- 06
D. Construction Contract with MG & JC Concrete, Inc. for the Construction of McKee Boulevard Grouted Cobbles, CIP GG 25- 06
481
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
CREATE MOSSDALE LANDSCAPE REHABILITATION, CIP GG 25- 06, APPROVE
BUDGET AMENDMENT AND APPROVE CONSTRUCTION CONTRACTS
APPROVALS:
Steven Hollenbeak
Assistant Engineer
Ken Reed
Senior Construction Manager
Brad aylor
C ty ngineer
Cari Jam
Director of` F- Pnance
Date
Date
Date
61/ y/ 70L/
Michel King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Pod. Ski lrizo2 y
Stephen J. Salvatore Date
City Manager
482
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP GG 25- 06, MOSSDALE LANDSCAPE REHABILITATION, APPROVE
BUDGET AMENDMENT AND APPROVE CONSTRUCTION CONTRACTS
WHEREAS, much of the landscape in Mossdale Landing streetscapes, parks and City facilities is approaching 20 years old, and is in need of rehabilitation to improve aesthetics and update surfacing treatments and plant material to reduce water usage and maintenance costs, including the replacement of a monument sign; and
WHEREAS, the Project will fund material purchases and construction contracts for landscape rehabilitation in streetscapes, parks and City facilities in Mossdale; and
WHEREAS, staff therefore requests City Council create Mossdale Landscape Rehabilitation, CIP GG 25- 06 (Project); and
WHEREAS, staff is also requesting Council approve a budget amendment transferring $ 350, 00 from General Fund Landscape Reserves ( 1010) to the CIP GG 25- 06 Project Fund ( 3010) as follows:
Decrease Landscape Reserves
1010- 251- 07-0 $ 350, 00
Increase Transfer Out
1010- 9900-90- 9010 $ 350, 00
Increase Transfer In
3010- 9900- 393- 0000 GG 25- 06 $ 350, 00
Increase Expenditures
3010- 8000- 420- 12- 00 GG 25- 06 $ 350, 00
WHEREAS, the Mossdale Landing monument sign on the southwest corner of the intersection of River Islands Parkway and Golden Valley Parkway has deteriorated, and is in need of replacement ( Sign Project); and WHEREAS, landscaping along both sides of McKee Boulevard near City Hall has deteriorated, and the installation of wet -set cobbles in delineated areas Cobbles Project) is one component of that proposed landscape rehabilitation; and WHEREAS, therefore, staff released separate informal bid solicitations pursuant to PCC 22034 and LMC 3.0 for the Sign Project and Cobbles Project; and 483
WHEREAS, the City received no bids for the Sign Project, and therefore pursuant to LMC 3.0. 080B negotiated a proposed construction contract for 36,00 with John D. Wait Masonry, Inc. for the construction of the Sign Project; and
WHEREAS, staff requests City Council approve a construction contract for the Sign Project to John D. Wait Masonry, Inc. for $ 36,00, approve a 10% construction contingency of $ 3, 630 and authorize staff to spend up to the amount of the contingency as needed to accomplish the goals of the Sign Project; and WHEREAS, the City received and opened 2 bids for the Cobbles Project on June 4, 2024, both determined to be responsive and from responsible bidders; and WHEREAS, the responsible bidder with the lowest responsive bid for the Cobbles Project was determined to be MG & JC Concrete, Inc. with a bid of 24,12; and
WHEREAS, staff requests City Council approve a construction contract for the Cobbles Project to MG & JC Concrete, Inc. for $ 24,12, approve a 10% construction contingency of $ 2, 421 and authorize staff to spend up to the amount of the contingency as needed to accomplish the goals of the Cobbles Project.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of CIP GG 25- 06, Mossdale Landscape Rehabilitation; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 350, 00 from General Fund Landscape Reserves ( 1010) to the CIP GG 25- 06 Project Fund ( 3010) as detailed above; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract for the Sign Project to John D. Wait Masonry, Inc. for $ 36,00, approves a 10% construction contingency of $ 3, 630 and authorizes staff to spend up to the amount of the contingency as needed to accomplish the goals of the Sign Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract for the Cobbles Project to MG & JC Concrete, Inc. for $ 24,12, approves a 10% construction contingency of $ 2, 421 and authorizes staff to spend up to the amount of the contingency as needed to accomplish the goals of the Cobbles Project.
484
The foregoing resolution was passed and adopted this 9th day of September 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 485
M
486
ATTACHMENT
C „
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
This Contract, dated September 9, 2024 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and John D. Wait Masonry, Inc., Contractor), whose Taxpayer Identification Number is 68- 486425.
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination ofthis Contract.
2. General Scope of Project and Work. Construction Documents for Mossdale Landscape Rehabilitation — Monument Sign, CIP GG 25- 06 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the design, construction, and installation of a monument sign for Mossdale Landing area.
The sign will serve as a prominent landmark, enhancing the identity and visibility of Mossdale Landing area at the South West corner of Golden Valley Parkway and River Island Parkway; and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 30 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 36,00 (Thirty -Six Thousand Three Hundred Dollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by John D. Wait Masonry, Inc. on August 1, 2024. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this 487
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a
person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance
with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused 488
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work 489
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours 490
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
491
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within (5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty ofOne- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' sobligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
492
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements 493
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
16. Miscellaneous
1)
Copy to:
To Contractor:
Phone:
Fax:
ATTN:
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: (209) 941- 7422
FAX: (209) 941- 7449
ATTN: Management Analyst
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 494
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
8)
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 495
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
496
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Manager' s approval.
497
SECTION 00500
MOSSDALE LANSCAPE REHABILITATION - MONUMENT SIGN, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
498
EXHIBIT A
John D. Wait Masonry, Inc.
310 N. Cluff Ave. #205, Lodi, CA 95240
209) 334- 6722 Phone I ( 209) 334-902 Fax
Lic# 383335 / SBE# 0018974 / Public works DIR# 1000000947 Date: 8/ 7/ 2024
Scope: Mosdale Landing Monument Sign
Demo part of existing retaining wall, set up and pour new footing.
Footing $ 7, 000.
CMU $ 13, 000.
Stone $ 12, 670. 0
Precast $ 3, 630. 0
This does not include and signage/ loo/ettering
Bid is per plan and spec
Addendums noted
Bid is good for 60 days
Our bid is based upon the following terms and conditions:
The foundation is to be level, plus or minus 1/ 2 inch.
Level site graded to permit the safe use of scaffold, material handling and equipment use.
Addendums noted:
Schedule shall be mutually agreed upon. John D. Wait Masonry Inc. is a qualified small business contractor # 0018974. John D. Wait masonry inc. is a union member contractor. Our contractor' s license number is 383335. One mobilization is included in the bid. All others will be a cost of 1, 500. 0each.
Inclusions: this bid includes the following items:
Cmu only. Furnish and install rebar as shown on drawings in masonry walls. Grouting of frames in 499
EXHIBIT A
masonry walls if execution is concurrent with masonry construction. Sales tax. Additional insured form cg 20 10 11 85.
Excludes: this bid excludes the following items:
Supply or installations of embeds, misc. Iron, hardware, bolts, flashings. Shop drawings. No engineering, testing or inspection costs. Drilling and doweling of reinforcing dowels in walls or floors. Fireproofing, forms, shoring, bracing, setting of doors or window frames. Establishment measurements. Footings, cast -in -place concrete and dry -packing. Furnish or place caulking, compressible fillers, damproofing, water proofing or anti -graffiti coatings dust control. Welding.
Performance or payment bonds. All risk of physical coverage. "all risk" installation floater and/ or builders risk. General contractor is to provide construction water and sanitary facilities within a reasonable distance of the work.
Clarifications:
Bolts and embeds to be furnished, laid out with necessary templates and installed by others. John D. Wait masonry inc. Will only provide holes or slots for embeds. Water and electricity to be furnished by the general contractor. John D. Wait masonry inc. Will charge $ 25. 00 per outlet in masonry walls. John D. Wait masonry inc. Will charge $1. 50 per linear foot of conduit run. Change orders submitted and accepted will be due and payable with the following month' sregular billing.
Any extra and change orders are to be paid with the regular billing for the month, in which the work is performed. This quote is based on standard John D. Wait masonry inc. Company policy and procedures. Submission of this proposal does not constitute an agreement to all elements of the general contractor' ssubcontract or scope of work. This bid is good for sixty (60) days from the date listed above.
If you do not receive all pages please call Jasmine Olds ( 209) 367- 4208 500
ATTACHMENT
11 P ..
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
This Contract, dated September 9, 2024 is entered into by and between the City ofLathrop, a municipal corporation of the State of California ( City), and MG & JC Concrete, Inc., Contractor), whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
I. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for MOSSDALE LANDSCAPE REHABILITATION — MCKEE COBBLES, CIP GG 25- 06 (Project).
Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the placement of 8 concrete beds in pre -graded and edged areas of various shapes comprising a total of approximately 800 square feet, embedment of cobble rocks in the concrete beds and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 10 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 24,12 (Twenty -Four Thousand Two Hundred Twelve Dollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by MG & JC Concrete, Inc. on June 3, 2024. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this 501
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' sperformance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term ofthis Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused 502
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work 503
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s
proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' s
performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' s obligations under
the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours 504
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. Ifthe requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
505
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within (5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt ofwritten notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
506
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements 507
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
To Contractor:
Phone:
Fax:
ATTN:
16. Miscellaneous
PHONE: ( 209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 508
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 8)
9)
Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a
copy of any corporate or
partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day 509
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the 510
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Manager' sapproval.
511
SECTION 00500
MOSSDALE LANDSCAPE REHABILITATION - MCKEE COBBLES, CIP GG 25- 06
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FOR
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
512
EXHIBIT " A "
SECTION 00300
MCKEE BLVD. STREETSCAPE IMPROVEMENTS
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
MCKEE BLVD. STREETSCAPE IMPROVEMENTS
BID SCHEDULE
BID
ITEM
DESCRIPTION UNITS
UNIT
PRICE
EXTENDED
TOTAL QUANTITY
1 Provide Bonds, Insurance and
Mobilization
1 Ls l
g% 0 Q
2 Furnish and Place PCC Pads and Install
Cobbles per Project Plans
825 SF 97 q D/o/
TOTAL BID: $ f 2 t
TOTAL BID IN WORDS: T v xr 2
v1
TU C1 ktVvtcA v Twelve,. "60
00300- 2
513
SECTION 00300
MCKEE BLVD. STREETSCAPE IMPROVEMENTS
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
INFORMATION REQUIRED OF BIDDER
The Bidder (Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' sname and address:
M( 911II T -c Go# ic /-e
Aiii• cye 5/ Va (Of/ f_igtra
2) Bidder' s office telephone number: 0/ 52 ,/J gd)/
3)
4)
Bidder' sfax number:
Bidder' sContractor' sLicense # / Expiration Date / Classification:
pi/ p5 -t0 / o - j/- Jo911 wr?/
B/ idder' s
DIrR g on # Exp' lion:
i
Person who inspected site of proposed work for Contractor' sfirm:
Name: Ai1i, Vel # z4/ CZ Date of Inspection: Off/, J/- 7/ List 4 projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
00300- 3
514
SECTION 00300
MCKEE BLVD. STRFETSCAPE IMPROV' EMEtiTS
C! PCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT \ VI' l(< and JC Concrete, Inc.
as PRINCIPAL., and Western National Mutual Insurance Company as St. RETY are held: and firmly bond unto the City of Lathrop in the penal stun of I i'N PERCENT t lOUd OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Lnhrop to which the bid was submitted, we bind ourselves, our heirs. executors, administrators and successors, jointly and severally, firmly- by those presents. In no case shall the liability of the surety hereunder exceed the sum of S of Bid Amount
TilE CONDITION Of, nits OBI. IGATIO\ IS SUCH.
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to he opened at the Public Works Department. 390 Towne Centre Drive. Lathrop, CA: MCKEE BLVD.
STREETSC: AP) INIPRO\ I. 1IENTS.
NOW, THEREFORE. if the Principal is awarded the contract and within the time and manner required under the specifications. after the prescribed forms are presented to him for stgnaturc enters into a written contract in the prescribed form, in accordance w ith the bid, and files two bonds with the Cite. one toguarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void.: other ice, it shall be and remain in full force.
00.', 00 -ti
515
SECTION 00300
MCKEE BLVD. S' I REETSC APE IMPROVEMENTS
CUPCCAA INFORMAL. BID SOLICITATION BID PROPOSAL FORMS
IN WITNESS WHEREOF e have hereunto set our hands and seals on this day Aza4 20 2
Seal)
Al 1 ` de(-_-- Q/ 1_ll&Z ___. ( Seal)
Address: 401 Buckeye Street
Vacaville, CA 95( 188
Address: 47th) West 77th Street
Edina, \ IN
NOTF: Signatures of those executing; for the surety must be properly ackno iedged. 00300- 7
516
State of Oregon Notarial Certificate ( ORS Ch. 194. 280, 194. 285) Acknowledgment in a Representative Capacity
State of OREGON
County
This record was acknowledged before me on ( date) , 20
by ( name( s) of individual( s)) _ as
type of authority)
record was executed)
Notary Public - State of Oregon
of ( name of party on whose behalf
Official Stamp
t_ iJt+F ri C AFn -.
Document Description
fit i__i to r
t.J ,; 7.. o'
Oat.' 2.0 , c) nsist ing of pages.
517
WISTIRN RATIO 4AL
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make. constitute, and appoint: Eric Verkouteren Gritty Insurance Services Inc. #10248 Its true and lawful Attorney( s)- in- Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/ 100 ($7. 500, 000.) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys - in -Fact, pursuant to these presents. are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys - in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seat of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attomey- m- fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company i) when signed by the president. any vice president or assistant vice president, and attested and sealed ( if a seal be required) by any secretary or assistant secretary; or
ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed ( if a seal be required) by a duly authorized attorney -in -fact or agent; or iii) when duly executed and sealed ( if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Western. National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th_ day of December . 2020.
GefAA
Jon R. Hebeisen. Secretary
STATE OF MINNESOTA. COUNTY OF HENNEPIN
SI •\ L;
Larry A. Byers. Sr. Vice President
On this 16th day of December. 2020, personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
Et:? ti' Lk A YO. jr.C,
NOTARY Pt; oi!_ tC
CERTIFICATE
Jennifer A. Young, Notary Public
My commission expires January_ 31_ 2026
I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation. CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
Signed and sealed at the City of Edina, MN this day of Jennifer A Young;, Asistant Serrata 518
SECTION 00300
MCKEE BLVD. STREETSCAPE IMPROVEMENTS
CJPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
NONCOLLUSION AFFIDAVIT
STATE OF
SS.
COUNTY OF
e2 being first duly sworn, deposes and says that he or she is Brata/ 6"/ of /i% dil,C0/(e` teparty making the foregoing bid that the bid is not made in the int st of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Signa ! o ' P : t, Secretary,
er, Proj : • Manager or Representative
The County of fa / a
n ,Q
State of ( 49 / 8
Subscribed and sworn to (or affirmed) before me
on this day of , 20 , by
proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me.
Seal ' t vG
Signature
00300- 8
519
SECTION 00300
MCKEE BLVD. STREETSCAPE IMPROVEMENTS
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty ofperjury, the following questionnaire:
Has the Bidder, any officer ofthe Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No /
Ifthe answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one fmal unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' sfailure to comply with an order of a federal court which orders the Contractor to comply with an order ofthe National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
END OF SECTION)
00300- 9
520
Wo
INSTA
O
W
Street
In
Con
Stree
Price
C
3 9
0 D
O
2 J
2 Animal ConcreteShelter,
CIP
GG
23- 06 —
Concrete
Curb
ramps,
sidewalk
and
asphalt
paving
Owner -
City
Of
Lathrop,
390
Towne
Centre
Dr,
Lathrop
CA
95330—
Project
Manager
Angel
Albaraca —
209
712
3136
Prime Contractor —
MG& CoJC Inc. ncrete
401Buckeye
Street
Vacaville,
CA
9568
Contract
Price $ 000. 94,
00 Extra
work
added
Final
Price $
99, 950. 00
Date
03/ 11/ 24 —
03/ 15/ 24
Lombard St
Vision
Zero,
Lombard St
San
Francisco —
Sewer, anWater
d
Concrete (
Bus
pads,
Sidewalk,
Curb
ramps,
curb &
Gutter)
Owner
San
Francisco
Public
works —
Representative —
Brian
Wong
Resident
Engineer
Prime Contractor —
M
Square Co
d
nstruction,
1278
20th
Ave
San
Francisco —
415
661 -
6902
Co
ntract
Price - $
29, 982, 000. 00
Date
Oct
2018 —
Oct -
2020
Role —
Foreman/ operator of
pipe
laying
and
Concrete
Crew (
Role
involves
layout
of
work,
scheduling of
work,
making
sure
the
work
is
done
efficiently
and
safely)
Polk
Streetscape
Project,
Polk
St
St
San
Francisco —
Sewer,
Water
and
Concrete (
Bus
pads,
Sidewalk,
Curb
ramps,
curb &
Gutter)
Owner
San
Francisco
Public
wo
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Representative —
Panos
Panag opolus
ResidentEngineer
Prime
Contractor —
M
Squared
uction, Constr 1278
20th
Ave
San
Francisco —
415
661 -
6902
Contract
Price - $
18,
321751. 00
Date
Oct
2016 —
June
2019
Role —
Foreman/ operator of
pipe
laying
and
Concrete
Crew (
R
ole involves
lay
out
ofork, w
scheduling of
work,
making
sure
the
work
is
done
efficiently
and
safely)
521
San Fra
Co
c
Co
522
ITEM 4. 22
CITY MANAGER' S REPORT
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PS 25- 07 FOR JONQUIL DRIVE AND
POPPY COURT PAVEMENT REHABILITATION, AWARD
CONSTRUCTION CONTRACT TO DSS COMPANY DBA
KNIFE RIVER CONSTRUCTION, AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Create Capital Improvement Project PS 25- 07 for Jonquil Drive and Poppy Court
Pavement Rehabilitation, Award a Construction
Contract to DSS Company dba Knife River
Construction, and Approve a Budget Amendment
SUMMARY:
Staff is proposing to create Capital Improvement Project ( CIP) PS 25- 07 for Jonquil Drive and Poppy Court Pavement Rehabilitation ( Project) to repair deteriorated pavement on both streets. The Project scope of work consists of removing 13" of existing pavement surface, reconstructing 4" of new Hot Mix Asphalt overlay over 9" of Aggregate Base and Aggregate Subbase over Native soil, and installing thermoplastic striping and markings with reflective pavement markers.
Staff prepared the specifications and improvement plans that were advertised for formal bid on August 19, 2024 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060. The City Clerk received and opened ten ( 10) bids on September 3, 2024. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to DSS Company dba Knife River Construction ( Knife River) with a bid of $643, 718.
Staff is requesting that City Council create CIP PS 25- 07 for Jonquil Drive and Poppy Court Pavement Rehabilitation and award a construction contract to Knife River for construction of the Project in the amount of $ 643, 718 plus a 15% construction contingency in the amount of $ 96, 558 for a total cost not to exceed $ 740, 276.
Staff also requests the approval of a budget amendment transferring $ 745, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) to create the Project and fund the construction contract with a 15% contingency.
BACKGROUND:
Utilizing the City' s Pavement Management System and through field observations, staff identified the need to repair Jonquil Drive from Avon Street to 5th Street and Poppy Court from Jonquil Drive to the cul- de- sac.
523
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 07 FOR JONQUIL DRIVE AND POPPY COURT PAVEMENT
REHABILITATION, AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER,
AND APPROVE BUDGET AMENDMENT
Staff is proposing to create CIP PS 25- 07 and implement a full -reconstruction pavement treatment to rehabilitate both streets using the existing pavement section material as the base for the new roadway - wearing surface.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on August 19, 2024, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
Ten ( 10) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Contractor Base Bid
DSS Company dba Knife River Construction 643, 718
United Pavement Maintenance, Inc. 650, 158. 25
McGuire & Hester 684, 899
Rapid Grading Services 696, 028
George Reed, Inc. 698, 160
Dirt Dynasty, Inc. 718, 61
Apena Engineering 732, 097
Hensley' sPaving 776,56
Consolidated Engineering, Inc. 832, 71
QA Constructors, Inc. 833, 123
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Knife River. Staff requests City Council adopt a resolution awarding a construction contract to Knife River for $ 643, 718.
Staff also requests City Council authorize a 15% construction contingency of $96, 558 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total construction budget of $740, 276.
REASON FOR RECOMMENDATION:
Creation of CIP PS 25- 07 is needed to allocate funds to rehabilitate Jonquil Drive and Poppy Court through a full -reconstruction pavement treatment. Awarding a construction contract to Knife River will allow the Project to correct existing roadway pavement deficiencies and increase motorists' safety within east Lathrop community area.
524
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 07 FOR JONQUIL DRIVE AND POPPY COURT PAVEMENT
REHABILITATION, AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER,
AND APPROVE BUDGET AMENDMENT
FISCAL IMPACT:
Sufficient funds were not allocated in the approved fiscal year 24/5 budget, thus staff is also requesting the approval of a budget amendment transferring $ 745, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
ATTACHMENTS:
745, 000
745, 000
PS 25- 07 $ 745, 000
PS 25- 07 $ 745, 000
A. Resolution Creating Capital Improvement Project PS 25- 07 for Jonquil Drive and Poppy Court Pavement Rehabilitation, Awarding a Construction Contract to Knife River, and Approving a Budget Amendment
B. Construction Contract with Knife River for CIP PS 25- 07 for Jonquil Drive and Poppy Court Pavement Rehabilitation
C. Project Location Map
525
CITY MANAGER' SREPORT PAGE 4
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 07 FOR JONQUIL DRIVE AND POPPY COURT PAVEMENT
REHABILITATION, AWARD CONSTRUCTION CONTRACT TO KNIFE RIVER,
AND APPROVE BUDGET AMENDMENT
APPROVALS:
Angel Abarca Date
9-3-. Po2' I
Assistant Engineer
Brad
City
ylor
ngineer
Cari Jame
Finance Director
Foy.
9/ s/ 707 -t
Date
gji0a If
Date
q 3/
Mich I King Date
Assistant City Manager
9. 3- 7. 49Ly
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
526
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP PS 25- 07 FOR JONQUIL DRIVE AND POPPY COURT PAVEMENT
REHABILITATION, AWARDING A CONSTRUCTION CONTRACT TO KNIFE
RIVER, AND APPROVING A BUDGET AMENDMENT
WHEREAS, staff is proposing to create Capital Improvement Project ( CIP) PS 25- 07 for Jonquil Drive and Poppy Court Pavement Rehabilitation ( Project) to repair deteriorated pavement on both streets; and
WHEREAS, the Project scope of work consists of removing 13" of existing pavement surface, reconstructing 4" of new Hot Mix Asphalt overlay over 9" of Aggregate Base and Aggregate Subbase over Native soil, and installing thermoplastic striping and markings with reflective pavement markers; and WHEREAS, staff prepared the specifications and improvement plans that were advertised for formal bid on August 19, 2024 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
2. 36. 060; and
WHEREAS, the City Clerk received and opened ten ( 10) bids on September 3, 2024; and
WHEREAS, based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be DSS Company dba Knife River Construction ( Knife River) with a bid of $ 643, 718; and
WHEREAS, staff is requesting that City Council create CIP PS 25- 07 for Jonquil Drive and Poppy Court Pavement Rehabilitation and award a construction contract to Knife River for construction of the Project in the amount of $ 643, 718 plus a 15% construction contingency in the amount of $ 96, 558 for a total cost not to exceed 740, 276; and
WHEREAS, sufficient funds were not allocated in the approved fiscal year 24/5 budget, thus staff is also requesting the approval of a budget amendment transferring $ 745, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Decrease Street Repair Reserves
1010- 251- 03-0 $ 745, 000
Increase Transfer Out
1010- 9900-90- 9010 $ 745, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 25- 07 $ 745, 000
527
Increase Appropriation
3310- 8000- 420- 10 PS 25- 07 $ 745, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby creates CIP PS 25- 07 for Jonquil Drive and Poppy Court Pavement Rehabilitation; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Knife River for construction of CIP PS 25- 07 for Jonquil Drive and Poppy Court Pavement Rehabilitation in the amount of 643, 718; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 15% construction contingency of $ 96, 558 for a total construction budget of $ 740, 276and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 745, 000from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above. 528
The foregoing resolution was passed and adopted this 9th day of September 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS PTO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 529
ATTACHMENT
15 ..
CONSTRUCTION CONTRACT
This Contract, dated September 9, 2024, is entered into by and between the City of Lathrop, a municipal corporation ofthe State of California ( City), and DSS Company dba Knife River Construction ( Contractor), whose Taxpayer Identification Number is For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for Jonquil Drive and Poppy Court Pavement Rehabilitation, CIP PS 25- 07 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract is generally described as, but not necessarily limited to; removing 13" of existing pavement surface to be pulverized to form an Aggregate Subbase, reconstructing 4" of Hot Mix Asphalt overlay over 9" of Aggregate Base and Aggregate Subbase over Native soil, installing thermoplastic striping and markings with reflective pavement markers, and performing all appurtenant work in place and ready for use, all as shown in the Contract Plans and Specifications.
The work shall be completed within 30 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 643, 718
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and are hereby incorporated by reference ( i.e.
Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Knife River on September 3, 2024. 530
For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 ofthe General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, orjudgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance
with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. 531
A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
532
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
533
1) A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' sobligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
534
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 535
12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Phone:
Fax:
ATTN:
536
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
537
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
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Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Item List
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council ' s approval with resolution.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FO
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
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EXHIBIT " A2
PS 25- 07 - Addendum No. 1